Interpretation of Law in the Global World: From by Joanna Jemielniak, Przemyslaw Miklaszewicz

By Joanna Jemielniak, Przemyslaw Miklaszewicz

The quantity examines the impression of utilising transnational principles at the repertory, tools and perform of felony interpretation. It scrutinizes how globalization approaches in legislation - these achieving top-down (such as ecu law), in addition to these constructing bottom-up (such because the new lex mercatoria and overseas advertisement arbitration) - impression the usually hugely leading edge use of assorted tools of criminal rendition. It additionally examines to what volume they have an effect on supranational and household decision-making.

Capturing the present improvement of universalizing developments in felony interpretation, the publication bargains either an intensive theoretical historical past and thorough reviews on adjudicatory perform in such fields as ecu and constitutional legislation, overseas company legislations and arbitration or felony law.

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At the same time, however, deficiencies in necessary dialogue between domestic and international courts (ECtHR and ECJ) are indicated. The author is of the opinion that international courts should not impose their understanding of legal texts on national courts without a sound and convincing explanation of the reasons upon which the interpretation is founded. This is because such an imperative approach is counterproductive: it results in the “split interpretation” and decomposes the dogmatics of law, which is a helpful tool in legal analysis.

An ascertainment that a principle is shared by different legal traditions, even if protected by the means of different legal instruments (such as the civil law non concedit venire contra factum proprium rule and its common law equitable estoppel counterpart), might have been treated by the arbitral practice as a starting point for formulating a relevant, transnational rule of the New Law Merchant. The comparative method is also frequently combined with a purposive interpretation, as the comparative inquiry is generally accompanied with the recognition of a common ground of shared principles and values and of the intrinsically supranational, and not domestic, context of the legal relationship in question.

Jemielniak and P. Mikłaszewicz techniques themselves. Semantic interpretation is subject to radical transformations: concepts, legal constructions, legal institutions, principles and values are interpreted in a dynamic way with due regard paid to the phenomena in the sphere of social, economic and political events, on local, international and supranational levels. Purposive interpretation is gaining importance in delimiting the sense of legal concepts and institutions. Secondly, universalisation may be perceived as a distinct tendency towards building common foundations, principles and values of legal systems in the integrating Europe.

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