Zneužití výkladu práva
| Title in English | Misuse of interpreation of law |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| Conference | COFOLA 2010 The Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Interpretation; misuse of interpretation; formalism; text |
| Description | The texts of statutes are language products in their own right and, as such, they are liable to interpretation before they can be applied. The act of interpretation allows a space in which the interpreters (often judges) can move and influence final meanings of the texts. This space can be misused. On the theoretical level, every abuse of law or abuse of right can be perceived as a misinterpretation of texts. This paper will focus on these issues and will discuss a question if and how can be such misinterpretations described as misuse of law/right. Of special related issues, this paper will address the issue of formalism in interpretation. |
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