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  • The Use of Analogy in the Administrative Law
    Keresteš, Tomaž ; Repas, Martina
    Analogy 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, serious
    Publish date - 2013
    Language - english
    COBISS.SI-ID - 4537131

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