ABORDAREA CREATIVĂ A UNOR PRINCIPII DE DREPT CONFLICTUALE
CREATIVITY IN DEALING WITH SOME CONFLICTING PRINCIPLES OF LAW

Author(s): Alexandru Sava
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Biblioteca Ştiinţifică a Universităţii de Stat Alecu Russo
Keywords: creativity; conflicting principles; interpretation; application;
Summary/Abstract: Creativity in law has to deal with some controversial aspects. The principle of legal certainty implies that the law is stable over time, which is obtained by a certain stability of the legislation. Even though the legislator offers to the person who interprets and applies the law a certain freedom of appreciation, which implies the aptitude of creativity, the interpretation must not change the sense of the legislative act, and the spirit in which it was created. If the principles of law themselves contain some legal requirements, the effects of which become conflicting, in order to solve such situations one has to look for the legal provisions of other, connected principles, from which an order of preference may be deduced. If still no clear criteria is found, then the interpreter needs to get creative.

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