Legal Principles Under a Microscope
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Review of Central and East European Law |
| MU Faculty or unit | |
| Citation | |
| Keywords | legal principles, legal rules, general clause, first values, realization of rights |
| Description | This article aims to distinguish legal principles from other phenomena - such as legal rules, legal customs, practices, general clauses, legal values and legal institutes - and to positively define (by means of a content analysis of academic texts and decisions of high courts) the individual qualities of the concept of legal principles. With the help of these two methodological approaches, the article will answer the question under which conditions can be a phenomenon occurring in law declared a new or newly discovered legal principle. Moreover, it will also point out, by means of examples, which elements (described by other authors as principles) are not principles in fact, since they do not fulfil the qualitative characteristics presented in this text and which every principle should have. Also, the reader will be presented with an example (in the field of labour law) that there is a principle of enhanced realisation of employees' rights, since this phenomenon already meets the qualities of principles according to the Czech legislation de lege lata. |
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