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13.
Zur Argumentation mittels der teleologischen Auslegung : (Gebundenheit des Richters durch das Gesetz)
Hanuš, Libor
The article addresses the challenges of interpretation of legal texts arising from, inter alia, the imperfection of human language and the linguistic expressions as well as the necessity of assessing ...the import of the terms usedin their relevant contexts, drawing also on the jurisprudence of the Constitutional Court of the Czech Republic. The judge is constrained by both the meaning and the purpose of the enacted law, but this leads to the difficult balancing between advancing the purposive reading of the text and adhering to its wording. The author analyses this precarious balance and the conditions upon which the teleological interpretation may trump a purely linguistic interpretation, noting that in such rare cases, a decision to do so should be all the more dearly substantiated and justified.
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