On the academic understanding of legal interpretation in Lithuania
On the academic understanding of legal interpretation in Lithuania
Author(s): Tomas BerkmanasSubject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: academic; understanding; legal; interpretation; Lithuania
Summary/Abstract: 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.
Journal: International Journal of Baltic Law
- Issue Year: 2005
- Issue No: 1
- Page Range: 60-79
- Page Count: 20
- Language: Lithuanian