Legal principles in case law of the common law system

Abstract

The article provides for a general understanding of approaches applied in the common law system regarding legal principles aimed at ensuring stability and uniformity of the legal regulation. The paper consistently considers consolidation of principles of law in the case-law system of common law countries. According to the results of the study, the author comes to the conclusion that the further use of principles of law in the Russian judicial system should follow two directions: (1) balanced and judicious development by courts of new algorithms of application of the most important general principles of civil legislation to specific civil disputes; and (2) generalization of the best practices of search for such algorithms in the form of directives of the Supreme Court giving such directives significant weight and prescribing their universal application for lower courts.