Jusletter IT

It is well known that there exists a greater or smaller similarity (analogy) between the abstract regulative and the concrete applicative levels of law. It is also known that the constitution and the statutes can not be automatically normatively concretised and mechanically applied at the lower levels of law and in concrete social relationships. The mentioned path is made essentially easier if one regularly supports oneself on adequate guidelines that fill the analogy (similarity) and at the same time make it possible to seek and find the measure of law. − The basic guidelines for concretising the single stages of legal order as to their content are the constitutional and statutory legal principles. It lies in the nature of principles that they are value measures guiding the definition of legal norms as to their content, their understanding and the manner of their fulfilment. Among the constitutional principles, special weight belongs to human dignity and to the rule of law. Concerning the fulfilment of rights and the prohibition of abuse of rights (in the law of obligations), the principle of good faith and confidence is of special importance.