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Caribbean Integration Law$
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David S. Berry

Print publication date: 2014

Print ISBN-13: 9780199670079

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199670079.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 October 2019

The Concept of General Principles of Law

The Concept of General Principles of Law

Chapter:
(p.171) 7 The Concept of General Principles of Law
Source:
Caribbean Integration Law
Author(s):

David S Berry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670079.003.0007

Chapter 7 examines both the nature and possible forms of general principles of law It provides a brief overview of the nature, and kinds, of general principles in international law and EU law. It suggests their revolutionary potential, as allowing judges to include natural law in their decision-making processes. It analyses their bases, or potential bases, in the RTC and RTB. It provides examples of how general principles may be derived, and the uses to which they may be put, including to fill a lacuna and to avoid a non liquet. It sketches some of reflections of legal philosophy in the area, which show both the power and importance of general principles, and their relation to rules and other legal concepts. They can support, justify, and rationalize the rules of all legal systems and constitute the guiding standards or norms which make those legal systems more consistent, coherent, and meaningful.

Keywords:   general principles, natural law, lacuna, non liquet, guiding standards, relation to rules

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