The principles of justice, their nature and classification

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2018-03-17 20:35:17

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The principles represent a relatively stable and sustainable rule of law, which have the following characteristics:

- set dominance over other norms of regulation of social relations;

- the objective-subjective nature;

- system;

- a reflection of the historical conditionality of all the law of this country at this time.

The Principles of justice differ from other principles of regulation of the significant distinguishing features, the main of which are the following:

- the possession of objective and subjective characteristics, which consists in the following. Objectivity indicates the level of development of the state achieved at this time, and subjectivity provides the possibility of reflection of specific legal norms, acts, guidelines in the individual consciousness.

- the possession of a common nature because they regulate only the most important areas of the functioning of law enforcement agencies and serve as a meaningful starting point for the creation of other legal norms.

- the principles of justice have the universality and versatility, that is binding on all citizens and officials of the state.

If the rules of law are conflicting, then apply the rules of law that constitute the principles of a just interpretation of legal collisions exist in the form of legal ideas. And in case of legal gaps, allowed the interpretation of the principles in this case they appear as democratic principles of justice.

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The Dominant position of the law principles ensured by the fact that legislators have to follow when creating new laws, and the courts-when judicial decisions. This is achieved by the fact that the principles have a normative status, i.e. are fixed by law. Their generalization gives the principles of system character, i.e., that the operation, in which the action of one principle must be objectively entails the action of another. This interdependence happens when they are disturbed. System character attached to the principles of sustainability and stability.

To more carefully consider in detail the principles of justice, the structure of which is given below, it should be noted that due to their complexity and interrelatedness, it is carried out on several grounds.

According to the source, consolidate the isolated principles, which are reflected in international law, the Constitution of the state and special acts regulating the judicial system and legal proceedings.

By the content of their klassificeret to those that characterize the judicial power reflect the status of the judiciary and those which determine the legal status of the person.

The Principles of justice for the purpose are classified into judicial and judicial, but in importance - primary and secondary.

The Principle of legality provides that the contradictions between the legal acts must be resolved in accordance with a strictly established rules, and to such cases as much as possible, should be provided with the appropriate quality of laws – certainty, clarity and nedvosmisleno. In addition, this principle involves the direct effect of constitutional norms.

The Principle of independence of judges reflects their independent position in relation to the public authorities. Nobody has the right to influence the decision of judges who are subject only to the law. Principles of justice provide a clear procedure for ensuring the independence of judges.

The Presumption of innocence, as a principle, is that any man until he was found guilty, is innocent.

Thus, these principles define the most important directions of law-making and justice in the state, according to their level of civilizational development of the whole society.






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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