Srozumitelnost práva
| Title in English | Comprehensibility of law |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | http://casopisy.svi.econ.muni.cz/?content=1201 |
| Field | Law sciences |
| Keywords | comprenesibility of law; legal language; judicial decision; addressee of a judicial decision; judiciary; legal communication |
| Description | This article deals with the concept of comprehensibility of and in law. It starts from tackling general issues of legal language, its nature and functions. From naming some of these characteristics of the legal language, it proceeds by discussing the concept of comprehensibility as an issue of legal language. Drawing on experience and analyses from English-speaking environments, this article further places the concept of comprehensibility not only in its linguistic but also its legal contexts. Based on this theoretical discussion, this article further proceeds by asking what is the Czech Constitutional Court’s understanding of the concept of comprehensibility. The following analysis shows that comprehensibility is not only a matter of – or a characteristic of – a legal text, but rather a principle. This principle – or a part of the contents of the principle of a democratic and legal state – is understood as one of the basic principles of law and of composition of legal texts. |
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