18 Pages Posted: 19 Apr 2017
Date Written: April 5, 2017
What is the prohibition of abuse of law? Is it a norm, legal principle, value or criterion of interpretation similar to teleological reduction? And why is it important at all to find the most suitable label for this phenomenon? This thesis will deal with these and some other questions from the point of legal theory - not such legal theory which is isolated from real practice, but on the contrary one which reflects the decisions especially of Czech higher courts and Court of Justice of the European Union. The thesis suggests that the prohibition of abuse of law is a legal principle in Dworkin-Alexy's theory. But as it will turn out it may depend on the specific approach to law. The final question therefore will be whether we are able to find a unique label of prohibition of abuse of law even in different approaches to law and what it would mean.
Keywords: abuse of law; legal principle; legal norm; method of interpretation; teleological reduction
Suggested Citation: Suggested Citation
Henčeková, Slavomíra, Is the Prohibition of Abuse of Law a Legal Principle? (April 5, 2017). Charles University in Prague Faculty of Law Research Paper No. 2017/I/2. Available at SSRN: https://ssrn.com/abstract=2954373 or http://dx.doi.org/10.2139/ssrn.2954373