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Legislative materials in the interpretation process
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Abstract
RESEARCH OBJECTIVE: The aim of the article is to analyze the admissibility of using the so-called legislative materials in the interpretation of law provisions.
THE RESEARCH PROBLEM AND METHODS: The main research problem is to determine whether, in the course of interpreting a legal text, it is permissible to deviate from its literal wording due to the information contained in the legislative materials. The analysis uses the theoretical and legal method supplemented with the dogmatic and legal method. The analysis of the views expressed in the science of law played an important role.
THE PROCESS OF ARGUMENTATION: First, an attempt was made to define the term “legislative materials”. Then, two functions of legislative history were analysed.
RESEARCH RESULTS: Legislative materials should not be used in interpreting the law. Firstly, it is not possible to decide in an unambiguous way which documents can be considered as legislative materials. Secondly, there is no consistent method of interpreting legislative materials.
CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: There are a number of supporters of the use of legislative materials in the doctrine and jurisprudence. However, based on the American experience, this trend can be reversed by demonstrating the weaknesses of the legislative history.
Keywords
legislative materials, interpretation, law ; legislative materials ; interpretation ; law
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