Summary

The process of implementing law is not always straightforward: it often involves interpretation and attempts to fill in gaps in legal regulation. A judge has the duty to render decisions and he or she cannot wait until the legislator passes Acts needed.
The objectives of judicial legislation are to ensure legal security and to guarantee the equality of everyone before the law. However, rules of law play a determinant role in the guarantee of legal security. The true value of rules of law is indicated by consistent interpretation thereof.
Judicial legislation involves interpretation of law: a judge has to render a decision based on the interpretation of different rules of law. Cases where required or appropriate rules of law are absent also give rise to judge-made law.
The actual validity of judicial legislation is important. This means that an established rule is also applied in the future in the resolution of similar cases.