| Abstract [eng] |
In this master‘s thesis „Legal interpretation by general principles of law“ the main focus point was to analyze how the Supreme Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania applies general principles of law while interpreting the statements of positive law. The first task was the identification of positions found in legal doctrine regarding what is considered as a legal interpretation, operational interpretation of law as well as whole methodology of legal interpretation. Moving on to the main topic of general legal principles were stated different points of view on the location of legal principles in the legal system as well as the role, opportunities and risks of using legal principles in the interpretational judicial practice. Also there were defined the main features of this kind of general legal principles. The main focus was imposed on three most common general legal principles – good faith, justice, reasonableness. On the basis of judicial practice was identified that general principles of law allow to depart from the provisions of formal positive law and adopt decision which flexes and corresponds with the moral values of the society. It was also established that in order to extend or constrict positive legal rules the general principles of law are used. After systematizing the judicial case practice it is evident that courts rely on the method of the general principles of law in order to interpret provisions of law. It is stated that courts do not give prominence to the method of the general principles of law. Therefore the courts apply this method correctly (properly), and combine it with other methods of interpretation of law. |
