General Principles of Law: Natural Rights, Legal Methods and System Principles

by Daiga Rezevska

Overview

The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law – as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition.

Product Details

ISBN-13:	9789004690509
Publisher:	Brill Nijhoff
Publication date:	05/30/2024
Series:	Nijhoff Law Specials , #110
Pages:	176
Product dimensions:	6.06(w) x 9.21(h) x 0.47(d)

About the Author

Daiga Rezevska, Dr.iur. (2004), University of Latvia, is Professor, former justice of the Constitutional Court, and ad hoc judge of the European Court of Human Rights. Her most recent publication is Legislation in Latvia. In: Karpen U., Xanthaki H. Eds. Legislation in Europe: Country by Country Guide (Hart Publishing, 2021).

Table of Contents

Foreword
Ineta Ziemele

1 Introduction
 1 Conclusions


2 Understanding and Types of General Principles of Law
 1 Definition

 2 The Origin of General Principles of Law and Basic Groups of Meaning of Law
 2.1 The Origin of the Understanding of General Principles of Law

 2.2 The Doctrine of Legal Positivism and General Principles of Law

 2.3 The Doctrine of Natural Law and General Principles of Law

 2.4 Contemporary Legal Theory Pertaining to Democratic States Based on the Rule of Law and General Principles of Law


 3 General Principles of Law and Legal Norms

 4 Types of General Principles of Law
 4.1 Positivisation of General Principles of Law

 4.2 Derived and Discovered General Principles of Law


 5 Conclusions


3 The Axiological Meaning of General Principles of Law
 1 Meaning of General Principles of Law in the Variety of Sources of Law
 1.1 Significance of the Variety of Sources of Law in the Western Legal System

 1.2 Normative Legal Regulation of Sources of Law in Latvia

 1.3 Division of Sources of Law in Latvia

 1.4 Hierarchy of Independent Sources of Law in Latvia


 2 Importance of the General Principles of Law in Drafting Normative Legal Acts

 3 The Role of General Principles of Law in the Application of Legal Norms

 4 Conclusions


4 The Functional Effect of General Principles of Law
 1 Application of General Principles of Law
 1.1 Deriving, Discovering and Concretization

 1.2 Solving of Mutual Collisions

 1.3 Evaluative Subsumption


 2 The Impact of General Principles of Law on the Application of Written Legal Norms
 2.1 Collisions and Validity

 2.2 Interpretation

 2.3 Further Development of Law

 2.4 Elaboration of Decision


 3 Conclusions


Bibliography

Index