General Principles of Law

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).

• ForewordIneta Ziemele1 Introduction1 Conclusions2 Understanding and Types of General Principles of Law1 Definition2 The Origin of General Principles of Law and Basic Groups of Meaning of Law2.1 The Origin of the Understanding of General Principles of Law2.2 The Doctrine of Legal Positivism and General Principles of Law2.3 The Doctrine of Natural Law and General Principles of Law2.4 Contemporary Legal Theory Pertaining to Democratic States Based on the Rule of Law and General Principles of Law3 General Principles of Law and Legal Norms4 Types of General Principles of Law4.1 Positivisation of General Principles of Law4.2 Derived and Discovered General Principles of Law5 Conclusions3 The Axiological Meaning of General Principles of Law1 Meaning of General Principles of Law in the Variety of Sources of Law1.1 Significance of the Variety of Sources of Law in the Western Legal System1.2 Normative Legal Regulation of Sources of Law in Latvia1.3 Division of Sources of Law in Latvia1.4 Hierarchy of Independent Sources of Law in Latvia2 Importance of the General Principles of Law in Drafting Normative Legal Acts3 The Role of General Principles of Law in the Application of Legal Norms4 Conclusions4 The Functional Effect of General Principles of Law1 Application of General Principles of Law1.1 Deriving, Discovering and Concretization1.2 Solving of Mutual Collisions1.3 Evaluative Subsumption2 The Impact of General Principles of Law on the Application of Written Legal Norms2.1 Collisions and Validity2.2 Interpretation2.3 Further Development of Law2.4 Elaboration of Decision3 ConclusionsBibliographyIndex