Although legal rules and legal principles are similar in some aspects, they also have major differences.
To
explain the difference between these two concepts, it is better to first understand the lexical and
idiomatic meaning of both concepts. Furthermore, In defining legal concepts, lawyers are influenced by
various factors such as philosophical, religious and cultural attitudes, so there is no single definition for
legal concepts due to these various definitions.
Usul, which is the plural of asul, has the meaning, preference, appearance, root, and reason, and the
term includes Legal principles are general, permanent, and mandatory rules that are the basis of subject
rights and have a guiding role in legislation and are necessary to guarantee basic rights and human
happiness. or the general legal principles, there are general rules that are accepted in all legal systems
and include the most basic legal rulings and govern all partial rulings(Jahfari, 1383,198). Rule in the word
means foundation, principle, base, law, so rule and principle are synonymous, and in the term which is
established by a competent authority in order to create order in social relation which is established by a
competent authority in order to create order in social relations.
The difference between legal rule and legal principles is as follows.
1- In terms of the generality of legal rules and legal principles, it is true that the legal rule is
general like legal principles, but the degree of its generality is different, for example in legal
rules but According to its nature, its generality is determined, for example, the rules related to
doctors, judges and lawyers have a more limited scope, but legal principles are more general
than legal rules. For example, the principle of freedom. In simple words, it can be said that the
generality of the sentence resulting from the legal rule is assignable, but the sentence resulting
from the legal principle is not assignable.
2- Legal rules and legal principles are different from each other in terms of necessity. The part that
we know is for law to achieve its main goal, which is to establish a just order in social relations.
The implementation of its principles and rules should be mandatory. However, the concept and
scope of legal principles and legal rules are not the same. The requirement of the legal rule is
determined by the legislator of the subject law and imposes a guarantee of implementation to
ensure its implementation .The mandatory level of some legal rules is higher, such as the rules
related to social security, such as: respect for the property and lives of citizens. Compliance with
legal principles is also mandatory, but there are differences between legal principles and legal
rules in this respect. Legal principles are not only binding for the people and the judge and they
must not violate them, but also create an obligation for the legislator. It is understood that the
legislator cannot enact a law against the legal principles. While the legislator can cancel the legal
rule and replace it with an appropriate legal rule. Also, legal principles have the same degree of
obligation, so legal principles have a supra-legal meaning.
3- In terms of origin, legal principles and legal rules are different. The origin and authority of the
author of the legal rule is the competent authority that is determined based on the constitution
to establish the law and rule, and it can be implicit or explicit. While the author of legal
principles is not the competent legislator in the subject law, and its legitimacy is not subject to
the will of such legislation, and legal principles can be cited even if the legislator did not include
them in the law texts.
4- In terms of the position of legal principles and legal rules, they are different. Legal principles are
the basis of the legal system, but legal rules do not have such a place in the legal system. All
legal rules are somehow formed on the basis of legal principles
5- In terms of time, legal principles and legal rules are different, for example, the legal principle has
a permanent description, and the purpose of being permanent is that the legal principle is never
repealed. And still, the legal principle is never replaced by the emergence of another legal
principle, while the legal rule can be destroyed or replaced over time. Because the legal rule is
established based on the discretion of the legislator to establish order in social relations in a
specific situation, it can be repealed or replaced over time.
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