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ODSTRAŇOVANIE KONTRADIKTÓRNOSTI NORIEM V APLIKAČNEJ PRAXI A DOKTRÍNA RACIONÁLNEHO ZÁKONODARCU

100%
Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 4
365 – 377
EN
Communication in general and the problem of understanding legal norms in particular is a complex process that can be explained by Frege’s semantic triangle as the relationship between objective reality, world of ideas and linguistic sphere. We are witnessing a growing number of laws, which are characterized by low quality and often incoherence, and even contradiction. This situation would seem necessary to use the interpretative doctrine of the rational law-maker, which consists of projecting rationality on the law-maker, respectively on legal norm created by him. This way is eliminated interpretative methods, which would lead to absurd results or contradictory results. At the same time it is created potential for greater credibility of law, increased coherence of law and effectiveness of legal norms. The article refers to the related jurisprudence of constitutional courts of the Slovak Republic, the Czech Republic and Poland.
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