Between Honesty and the Rule of Law: Constitutional Good Faith in a Comparative Legal Perspective
Abstract
The article concerns the principle of good faith, which is enshrined in private law and international law, and has also become an element of constitutional law today. Constitutional good faith is understood as honesty, loyalty and sincere respect for the law, which together build trust between citizens and the state. In various legal systems, it performs protective, interpretative and stabilising functions – it protects the individual from the arbitrariness of power, but also imposes on citizens a duty of loyalty towards others and the state. The most comprehensive solutions have been developed in Switzerland, where good faith is combined with the principle of the rule of law and cooperation between the federation and the cantons. The constitutional regulations of Romania and Moldova emphasise the exercise of rights and freedoms in good faith, in Portugal – ethical standards of administration, and in Colombia – the presumption of honesty of individuals in their relations with the state. The universality of this category is confirmed by examples from New Zealand, Thailand, Mongolia and Zimbabwe. The constitutionalisation of good faith indicates that it is becoming a systemic principle of modern democracies, strengthening trust, institutional loyalty and legal culture.