principle

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A principle is a knowledge , statement or rule that forms the basis for subsequent considerations, statements or activities .

description

Principles and systems of principles can usually be described as follows:

In law

In legal German, the words “principle” and “fundamental” are used in a relativizing way - as a common guideline, from which it is possible to deviate in individual cases. "Principle" here means "rule with exception" or "duty with exception". Examples are: the principle of the right to be heard (hearing those affected), judicial neutrality , the principle of the public sphere (no secret justice, etc.).

The legal principle is a particularly important, fundamental legal principle that occurs in various laws or that arises indirectly from the legal system, e.g. B. falsa demonstratio non nocet ( Latin for "a wrong name doesn't hurt").

The general principles of law are sources of law in international law, alongside international treaty law and customary international law (cf. Art. 38 Para. I lit. c ICJ Statute of the United Nations International Court of Justice), e. B. pacta sunt servanda (Latin for "contracts must be kept").

Examples

See also

Web links

Wiktionary: Principle  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. H. Härtl: Implicit information: Linguistic economy and interpretative complexity in verbs (= studia grammatica 68) . Berlin: Akademie-Verlag, 2008, ISBN 3050045027 .
  2. ^ Hermann Schlueter: legal principle . Retrieved November 4, 2018.
  3. ^ Hermann Schlueter: general legal principles . Retrieved November 4, 2018.