Article 5 lists some of the fundamental aspects of the rule of law which the state is bound to observe, including the principles of obedience to law, proportionality, good faith and, due to " pacta sunt servanda ", respect for international law.
12.
The case law reflect the tension between, on the one hand, the desire to hold parties to their bargains in accordance with the principle " pacta sunt servanda " and, on the other hand, the courts'reluctance to make a bargain for the parties.
13.
With reference to international agreements, " every treaty in force is binding upon the parties to it and must be performed by them in good faith . " " Pacta sunt servanda " is related to good faith, while pacta sunt servanda does not equate with good faith.
14.
With reference to international agreements, " every treaty in force is binding upon the parties to it and must be performed by them in good faith . " " Pacta sunt servanda " is related to good faith, while pacta sunt servanda does not equate with good faith.
15.
At its meeting on 21 22 March, the Venice Commission stated that the Mironov bill violated " in particular, the principles of territorial integrity, national sovereignty, non-intervention in the internal affairs of another state and pacta sunt servanda " and was therefore incompatible with international law.
16.
Could anything be more medieval that the idea of due process or the insertion in an instrument of government a contract clause ?'Pacta sunt servanda'( Pacts should be kept ) became a motto of Edward I . The result can be traced directly to the work and writings of Bracton.
17.
In their Separate Joint Dissenting Opinion judges Feldman and Pantiru recognized the importance of " pacta sunt servanda " principle but still held that it has no more weight than laws passed by the legislators at the state or entity level and that it does not in any case entail giving provisions of treaties a status superior to that of Laws under the Constitution.
