Summary

Recently, much attention is being paid to issues concerning the rules of law and their interpretation. The author explains his positions on some aspects of these matters.
In a parliamentary state, a text becomes law because the members of a legislative assembly wish so. The intention of the legislator is expressed in texts of law. According to the traditions of continental legal culture, the law is binding on judges. Judges are not allowed to express their personal values through court rulings but are required to express the principles contained in law. Judges interpret the intent of an Act based on the text of the Act and thereby also the values expressed in the Act. In criminal law, judges have the right to define the legal concepts contained in a text, whereas in private law, under certain circumstances, they also fill in gaps in legal regulation. The author emphasises that judges should render decisions based on fact and rational arguments which ensures greater freedom of judges in developing law and interpreting its intent.