Publication details
Nezásadní úvaha o zásadách práva
| Title in English | Non-essential essay on principles of law |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The legal order as a unity of legal norms and legal principles. Binary nature of legal rules and analogous nature of legal principles. Legal principles as an instrument of rationalization of legal norms and optimization of their commands, as an instrument of interpretation, supplementation or derogation of norms. Principles are a technical solution to the tension between the authority of a legal text and the authority of its rational coherence. Legal principles add to positive law in the sense of "bare normology" the art of value- and moral-based proportionality. |