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Judicial Interpretation as a Competence

Publikace na Právnická fakulta |
2022

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The specificity of the interpretation of the law lies mainly in its purpose, which is to set a concrete obligation for an individual subject. Thus, the interpretation of the law can be understood as a procedure to ensure that what is generally established is consistent with what is applied specifically in the individual case.

Interpretation as a transfer of a generally and (mostly also) abstractly formulated obligation to an obligation formulated individually and concretally thus includes two different competencies, ie: (i.) Competence to concretize a legal norm and (ii.) Competence to individualize a legal norm. However, the interpretation is usually identified only with the "concretisation" which is related to the degree of abstractness of the general rule below which the factual situation in question is subsumed.

The aim of this contribution was to explain that the interpretation of the law already occurs in connection with the selection of the correct legal rule from possible alternatives. Already in the phase of individualization, there are teleological considerations as to which rule is the most correct to assess the legal case in question.