ОТНОСНО ПОНЯТИЕТО „ПРАВЕН ФОРМАЛИЗЪМ“
ON THE CONCEPT OF LEGAL FORMALISM

Summary/Abstract: Legal formalism is thought to be a negative characteristic of different juristic doctrines and especially of legal positivism. In the following article I try to define legal formalism outside any metaphysical position about the "substance" or the "spirit" of law. Instead I think, that this concept can be used to denote an iniquitous type of adjudication. If the dispute is resolved from a "formalistic" stance, this means that the decision taken by the court doesn`t comply with the principles valid in the given legal system. Such results must be avoided by proper use of judical discretion. The wide spread of discretion powers is in this way not only a tool against formalism, but a key feature in separation of powers model as well.

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