The Essence of Judicial Law-Making and Its Limits

In the doctrine, issues related to judicial lawmaking, although raised many times, still enjoy great interest. It is particularly attractive now, when legislative standards are lower. There is also no doubt that we observe that in the judicial application of law, the boundaries of the literal understanding of the legal text go beyond the limits in order to search for a rule of conduct that corresponds to the system of values of the person applying the law. This gives rise to a discussion on the need to set the permissible limits of the court’s law-making activity. At the same time, there is no uniformity of views on the admissibility and scope of going beyond the boundaries of linguistic interpretation, creative interpretation of law or judicial activism.