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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Žák Krzyžanková, Katarzyna (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee) ; Hlouch, Lukáš (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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