Interpretation praeter legem

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Interpretation praeter legem

The main objective of the article is to demonstrate and establish legal method praeter legem to be interpretative method not the one involved with the further law-making. In this respect author introduce a new approach to the legal understanding of the method praeter legem. In order to accomplish the purpose, the substance of the legal method praeter legem is clarified. Positions of numerous valued foreign law scholars are codified in schemes and analysed thoroughly as well as those represented in local legal scholastics.  As a result the legal method praeter legem is established as a legal method to be used for indefinite legal concepts in order to discover and concretise their meaning and true essence. In the prospective continued publications the author will develop the research with the review of the necessary set of implementation circumstances and legitimation demands presented for the interpretation praeter legem, and the analysis of three kinds of indefinite legal concepts (open legal terms, general clauses and designates) and justification of the need for such concepts to be included in legal texts. Likewise author will elaborate legal and doctrinal conditions to be met and strict step-by-step methodology to be followed for legitimate implementation of the interpretation praeter legem.  Finally, she will analyse the suitable instruments – judge-made law and legal doctrine, and justified practises to use these instruments for discovering the appropriate substance of identified legal concepts.      

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