TELEOLOGICAL INTERPRETATION IN CZECH CASE LAW1

Jan Wintr, Patrik Koželuha

Abstract


The article deals with the concept of teleological interpretation as one of the fundamental interpretative methods recognized by the Czech legal theory as well as practically used by Czech courts, especially by the Supreme Court, Administrative Supreme Court and Constitutional Court. The article is divided into two major parts. The first of them analyzes the historical genesis and characteristic features of the teleological interpretation from the perspective of both Czech and international literature. In the second part of the article, the authors focus on the analysis of selected judgments which use teleological interpretation within its argumentation. The article describes the role of the teleological interpretation and its consequences to the final judgment of each case. Particularly, the text investigates the relation between textual interpretation and teleo- logical interpretation and illustrates the situations when the teleological interpretation prevailed.

Keywords


statutory interpretation, teleological interpretation, case law, purposivism, e ratione legis

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