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The Use of Analogy in the Administrative LawKeresteš, Tomaž ; Repas, MartinaAnalogy means that one or more statutory provisions are stripped of their non-essential parts, and in this purified form are applied to cases which are different, but not essentially different from ... the cases regulated in the statute. This is an important legal method. In Anglo-American law it is relevant for the analysis of case law applicability. In Civilian legal tradition it is the predominant form of gap-filling. This method is of highestimportance in the civil law and significantly curtailed in the criminaland administrative criminal law. The open question is the application of various forms of analogy in administrative law. Authors analyze the legal framework for application of analogy in administrative law and the methods of its application. Special problem of analogy in administrative law are the limits of application.Source: Lex localis : revija za lokalno samoupravo = journal of local self-government. - ISSN 1581-5374 (Vol. 11, no. 3, july 2013, str.565-581)Type of material - article, component part ; adult, seriousPublish date - 2013Language - englishCOBISS.SI-ID - 4537131
Author
Keresteš, Tomaž |
Repas, Martina
Topics
administrative law |
legal reasoning |
legal arguments |
analogy |
analogia intra legem |
analogia legis |
analogia iuris
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source: Lex localis : revija za lokalno samoupravo = journal of local self-government. - ISSN 1581-5374 (Vol. 11, no. 3, july 2013, str.565-581)
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Database name | Field | Year |
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Links to authors' personal bibliographies | Links to information on researchers in the SICRIS system |
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Keresteš, Tomaž | 19069 |
Repas, Martina | 20060 |
Source: Personal bibliographies
and: SICRIS
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