Rechtsgrundsätzen

Rechtsgrundsätze, literally meaning principles of law, are general unwritten norms that underlie and guide the German legal order. They are not codified as statutes but are recognized as interpretive and normative anchors by which courts fill gaps, resolve ambiguities, and assess state actions. The concept is used by judges, especially in constitutional and higher court decision making, to ensure consistency with the fundamental aims of the legal system.

These principles arise from the structure of the legal order, the Basic Law (Grundgesetz), treaty and civil law tradition, and long-standing judicial practice. They function as sources of interpretation and as limits on statutory and administrative action. Their application helps align legal norms with overarching values such as the rule of law (Rechtsstaatsprinzip), human dignity, and equality before the law.

Commonly cited examples include the principle of good faith (Treu und Glauben), the principle of proportionality (Verhältnismäßigkeit) in administrative and constitutional review, and the broader requirement of reasonableness and non-arbitrariness in state conduct. Other overarching notions, such as non-discrimination and protection of fundamental rights, are often invoked under the banner of Rechtsgrundsätze.

Limitations exist: Rechtsgrundsätze are not fixed statutory commands and their content can evolve with legal doctrine and jurisprudence. They are not standalone legal norms but interpretive tools that operate within the framework of written law. Their precise scope and application can therefore vary across cases and over time.