Legal principles and secondary legal rules .

Authors

  • Stoilov Yanaki

Keywords:

legal principles, primary and secondary rules, substantive and formal principles, sources of law, legal system, direction and definition of behavior, legal standards, discretion.

Abstract

The article observes the relationship between legal principles and secondary rules. It consistently notes the
grounds for distinguishing primary and secondary rules; nature and role of legal principles; shows the relationship
between principles and secondary rules. The basis of the proximity between principles and secondary rules is their role
in organization of the consistency of law.
Secondary rules affect the creation, modification and cancellation of primary rules and also adjudication.
Another function of the secondary rules is their participation in defining the framework that covers the respective rights
and obligations. Principles first of all direct behavior. They have been often specified by secondary rules. These rules
set up the limits within which the behavior prescript by the primary rules are located and implemented. Discretion of
the state bodies in the sphere of rule-making, carried out by secondary rules, is a subject of control through the
principles of law.

Published

2022-01-25