- Tytuł:
- Methodological importance of legal constructions and their influence on the legal norms interpretation
- Autorzy:
- Serediuk, Vitalii
- Powiązania:
- https://bibliotekanauki.pl/articles/10489850.pdf
- Data publikacji:
- 2023-06-30
- Wydawca:
- Wydawnictwo Adam Marszałek
- Tematy:
-
law enforcement
legal technique
non-contradiction
law-making
normative design
estoppel - Opis:
- The article reveals the methodological significance of legal constructions and shows their influence on the interpretation of legal norms. It has been found that legal construction is one of the epistemological tools of legal science and means of interpreting legal norms in the process of their implementation. A concentrated expression of the possible conditions of law enforcement determines the methodological significance of legal constructions during the interpretation of legal norms. The legal construction is shown as a set of stable connections of the object, which ensure its integrity and identity. Emphasis is placed on the fact that intraindustry and inter-industry connections of legal norms allow law to preserve its properties as a regulatory in the face of internal and external changes, to be stable and stable. The existence of a stable structure determines the existence of law as a system is a condition for the existence of law. The author came to the conclusion that in order to optimize legal interpretation activity, it is necessary to improve the process of eliminating defects in legal constructions. The ambiguity and inconsistency of legal constructions is a consequence of the increase in the number of scientific terms, special expressions, contradictions and gaps in the normative material. The reason for this is hasty normative design without compliance with the requirements of legal technique. With the help of legal constructions, insightful, detailed and in-depth clarification of the content of legal norms is carried out.
- Źródło:
-
Krakowskie Studia Małopolskie; 2023, 2(38); 26-36
1643-6911 - Pojawia się w:
- Krakowskie Studia Małopolskie
- Dostawca treści:
- Biblioteka Nauki
Artykuł