| Abstract [eng] |
Sophisticated society, more and more intensive public internecine relations causes bigger requirements for law and legal systems then in the past. The variety of public relations determines that complicated disputes reach courts, and abundance of the disputes is the reason of great courts‘load. However, aims and requirements for the judging persons stay the same: cases must be decided in specific way, duly and , what is of not less importance, fast. In this complicated situation legal doctrine is forced to look for ways how to receive adequate, fast results without reduce in quality and additional resources. Separation of hard and easy cases is one of the ways out. Such separation allows execute essential allocation of resources where unreasonably detailed, containing unnecessary phases judgment of easy cases is simplified. Intellectual resources unreasonably dedicated to this process are transferred to the judgment of hard cases. Even when grouping and usage of different procedures can simplify judgment, it faces difficulties when used in practice. It is necessary to describe possibilities, admissibility of such a separation, describe relation between norms and principles when separating hard and easy cases. One more critical moment – decision of hard cases itself. When agreeing on differences between these cases and on different applicable procedure it is necessary to answer what are these procedures. In the occasions of easy cases it is wildly agreed that syllogistic application of norms is sufficient to generate acceptable decisions. Meanwhile, in hard cases exist unavoidable necessity decide problem of relation between explanation of norms and balance of principles. Relation is interesting in various aspects: when universally evaluating justice, judge role theories and also when describing relation itself – describing its models and finding methods. Title of this magistrate paper is “Cases Exceptional in Nature: The Relationship between the Interpretation of Rules and Balancing of Principles”. |
