Journal of the Charles University Law Faculty
Jan Tryzna
Author’s affiliation:
Faculty of Law, Charles University in Prague
Judicial law-making, rather than interpretation of the law
Jurisprudence 1/2026 Section: Articles Page: 20-28
DOI: https://doi.org/10.71372/TLHJ2917
Keywords: legal methodology, judicial interpretation, dissenting opinions, established case law changes, retroactivity, retrospectivity, law-making
Abstract: The topic addresses the question whether the current assessment of judicial activity as merely filling in the law is still valid. It also analyses the question whether the current relationship between the judiciary and the legislature allows for concluding that, at least in some cases, judges are original creators of legal rules. This idea is examined on the basis of the presumption that there is only one correct solution to every case. Such one right answer thesis is compared with the currently applied pluralistic understanding of law. As evidence confirming the correctness of the thesis, both dissenting opinions and instances of changes in established case law are considered.
