BOTH TO THE MEANING AND OBJECTIVE OF LAW FROM THE POINT OF VIEW OF LEGAL REGULATIONS' INTERPRETATION: METHOD OF ARGUMENTATION BY MEANS OF TELEOLOGICAL INTERPRETATION (BOUNDENESS OF A JUDGE BY LAW) (Czech title - below)

• Authors: Hanus Libor
• Languages of publication: CS

Abstracts

EN

(Title in Czech - 'Ke smyslu a ucelu prava z pohledu interpretace pravnich predpisu: argumentaci teleologickym vykladem (vazanosti soudce zakonem)'). The article is corcerned with the interpretation of law with particular reference to the emphasized role played by the teleological interpretation method in the ascertainment of the content of a legal regulation. The autor points to the legitimate posibility and necessity of judge-made completion of law with the reservation that the judicial decision represents the continuation and not the beginning of the lawe-making process. With regard to the substance of codification based on its purpose (ratio legis) as well as such objective factors as particularly overgrown legal system in terms of the number of regulations, intricacy, often also disharmony, vagueness or unintelligibility of regulations, the autor accentuates the role of the quest for the meaning and purpose of the regulation in the legal system as a meaningful whole as the fundamental interpretation directive in the search fo its content. The autor andeavours to present a schematically transparent and generally applicable algorithm of mutual modifiability of the result of interpretation resulting from the linguistic and the teleological interpretation methods and or to outline the situations in which the result of teleological interpretation is capable of modifying, supplementing or fundamentally changing the result of the interpretation of a legal regulation ascertained purely on the basis of linguistic criteria, while outlinig the limits preventing arbitrariness in the application of law.

Keywords

EN

JUDGE-MADE COMPLETION; LAW; LEGAL SYSTEM; TELEOLOGICAL INTERPRETATION METHOD

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2009
• Volume: 92
• Issue: 2
• Pages: 97-122
• Document type: ARTICLE

Contributors

author

Hanus Libor

• Libor Hanus, Katedra pravni teorie Masarykovy univerzity, Brno, Czech Republic

Identifiers

CEJSH db identifier

10SKAAAA086724