On the Academic Understanding of Legal Interpretation in Lithuania
International Journal of Baltic Law, Vol. 2, No. 1, pp. 60-79, January 2005
Lituanus - Lithuanian Quarterly Journal of Arts and Sciences, Vol. 50, No. 1, pp. 17-51, 2004
20 Pages Posted: 3 Mar 2010
Date Written: 2004
Academic understanding of legal interpretation in Lithuania encounters conceptual and doctrinal problems. General conceptual problems are those of differentiation and definition of legal interpretation as a phenomenon. Specific conceptual problems are related to misleading, logically inadequate or at least questionable naming and analysis of some concrete methods of legal interpretation. Doctrinal problems in Lithuania are related to the over-devaluation of the linguistic method of interpretation and, as a consequence, raising and propagating the doctrine of the active court to the detriment of the doctrine of the separation of powers. Democracy, however, requires that the doctrine of separation of powers be prioritized.
Keywords: Legal Interpretation, Methods of Legal Interpetation, Lithuania, the Doctrine of the Active Court
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