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Is the Prohibition of Abuse of Law a Legal Principle?

18 Pages Posted: 19 Apr 2017  

Slavomíra Henčeková

Charles University in Prague - Law Faculty

Date Written: April 5, 2017

Abstract

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

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

Slavomíra Henčeková (Contact Author)

Charles University in Prague - Law Faculty ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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