This master’s thesis is built around the process of interpreting statutes, with additional focus on different arguments of interpretation and possible ways of their application. The data is drawn from theoretical sources of different authors, which are compared with each other later on.
Firstly, I deal with the general definition of the term "interpretation", and specifically with the interpretation of legislation (statutes), which leads to the conclusion that there are several possible ways of understanding the term itself and also several ways of understanding the law. I furthermore focus on the arguments most commonly used for interpretation in practice, (which have therefore also been thoroughly discussed in the theoretical part of the thesis) and compare their application in different legal systems. Then I analyze a few cases led by the Slovenian supreme and constitutional court, both of which dealt with the issue, solved it on multiple occasions and justified their decisions through explanation. For this reason, I realize that the courts do not take the issue lightly. Finally, I stop at the question of linguistic boundaries binding interpretation and general legal principles used in the procedure of finding the meaning of statute
When finalizing the work, I recognize that the topic discussed is even more complex than I originally imagined. Nevertheless, I came to the conclusions that may not seem shocking, but it would be difficult to expect anything else, due to the fact that the field of my thesis is thoroughly researched (and is still being researched). In my opinion, the procedure of interpretation is one of the most creative tasks of lawyers that, with his dangers and limitations, offers a wide spectre of possibilities of exercising justice. Readers will always approach differently the texts in which we express our thoughts, whether it be due to the context in which the text can be found, as well as the procedure they are following. However, the main goal of the author and the user in the case of the texts describing provisions, which establish the rights and the duties of citizens, should be an uniform and equitable explanation. The rules provided for this purpose by legal theory and practice offer a loose framework, which leads the interpreter and on the one hand reminds him of all the possibilities, offered by the text while on the other hand it helps him to avoid the risks of the arbitrary interpretation and to find the true meaning of legislation.
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