| Abstract [eng] |
General Principles of Law and Peculiarities of Their Application in the Case Law of Lithuania The principles of law are a form of expression of the essence of the law, a way of expression, which can be formulated in legal norms, or is derived from a generalization of several legal norms. It is the foundation of the legal system, the top of the hierarchy of legal norms, and therefore the basic principles of law are enshrined in the Constitution. The general principles of law, such as justice, equality, reasonableness, honesty and proportionality, apply, guide the entire legal system, all the norms that are assigned to different branches of law. Therefore, in interpreting any rule of law, it is necessary to establish its relationship not only with the general principles but also with the branch of the relevant principles of law. Since the general principles of law are important in interpreting the law and the courts make decisions, express their motives, often resolve the dispute by reinforcing the authority of principles, it is important to review the peculiarities of the application of these general principles of law in the practice of the Supreme Court of Lithuania as well as the Supreme Administrative Court of Lithuania. Master's thesis consists of three major parts. The first part examines the principles of law in a broad sense in detail: the concept of principles, their functions, meaning and their place in the legal system are revealed. In the second part, attention is focused more on the general principles of law. Based on the opinions of scholars prevailing in different branches of the law, the Constitutional Court practice, the laws of the Republic of Lithuania, the concepts of justice, reasonableness, equality, integrity and proportionality are analyzed, their goals and significance for the legal system of Lithuania. The third part of the dissertation deals with the analysis of the peculiarities of the application of general principles of law in the practice of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania. The findings form the basis are for understanding the essence of each of the general principles of law. It is revealed whether all the general principles of law to be examined apply equally to the interpretation of legal norms and the formation of the practice of the Lithuanian courts. |
