Abstrakt
What is the prohibition of abuse of law? Is it a norm, legal principle, value or criterion of interpretation similar to teleological reduction? And why is it important at all to find the most suitable label for this phenomenon? This thesis will deal with these and some other questions from the point of legal theory. However, not such a legal theory which is isolated from real practice but on the contrary which reflects the legal practice especially of Czech higher courts and Court of Justice of the European Union.
The thesis suggests that the prohibition of abuse of law is a legal principle in the Dworkin-Alexy's theory. But as it will turn out it may depend on the specific approach to law.
The final question therefore will be if we are able to find a unique label of prohibition of abuse of law even in different approaches to law and what it would mean.