1 This paper consists of two different parts. The first part is theoretical and descriptive and its three chapters are organized deductively. The second part analyses a methodology of interpretation of the Constitutional court of the Czech Republic. The first chapter concerns with important legal concepts such as law certainty, predictability of courts' decisions, justice and equality. It concludes that a methodology of interpretation plays a crucial role in all of these concepts. Next chapter examines such terms as application of law, interpretation of law, law argumentation and methodology of interpretation. The last chapter of the descriptive part presents two judicial strategies to interpretation. Judges in the first strategy use only internal law arguments (mainly text of the statutes) as opposite to the second strategy where judges do not rely on the text at all, but interpret the law with external law arguments (such as intent, unexpressed law principle, economical argument etc.). This chapter also briefly describes the most common methods of legal interpretation for every judicial strategy. Eventually this part tries to provide modern strategy which combines methods used by both strategies and is based on rational, full and open explanation of court decisions. Afterwards the paper shifts the focus...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:326059 |
| Date | January 2013 |
| Creators | Kadlec, Ondřej |
| Contributors | Kühn, Zdeněk, Tryzna, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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