Publication details
Metodologie řešení právních případů: subsumpce vs. proporcionalita
| Title in English | Methodology of solving legal cases: subsumption vs. proportionality |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | application of law; legal case; methodology; subsumption; proportionality |
| Description | The application of law is typically associated with the resolution of legal cases by courts and other public authorities, which are empowered by law to authoritatively hear and decide disputes and legal matters of various kinds. From a methodological point of view, then, the application of law is most often associated either with a logical-deductive procedure in the form of subsumption or with the application of rational argumentation in the form of the proportionality test. My intention will be to delineate not only the nature and differences of these two procedures, but also to examine the common features that can be attributed to them under certain conditions. |