The Teleological Reduction: Its Potential, Limits and Reflection In The Case Law Of The Supreme Court Of The Czech Republic
Abstract
The presented work deals with so-called teleological reduction, an instrument of the interpretation of law contra verba legis, which is suitable if the discrepancy between a clear meaning of a provision of an act and the teleological elements exists, provided that the latter indicate disproportionally widely formulated applicability of this provision. The work aims at ascertaining answers to essential questions, e.g.: How intensive should the above-mentioned discrepancy be? Is the teleological reduction admissible if the legislator was aware of such a discrepancy? Can the teleological reduction be used irrespective of a concrete branch of law? Is the teleological reduction a synonym for the restrictive interpretation of law? Does the teleological reduction lead to inappropriate exercise of the legislative power by the judicial branch? etc.
The work also evaluates several decisions held by the Supreme Court of the Czech Republic in which the teleological reduction was used or at least mentioned. These decisions are assessed in the light of the conclusions reached.