INTERPRETAREA JUDICIARĂ CREATOARE DE DREPT?
DOES JUDICIAL INTERPRETATION CREATE LAW?

Summary/Abstract: One of the major disputes in the Theory of Law is about the limits of legal and judicial interpretation, with a predominant focus on the judge's ability to create law. Although, in the Romano-Germanic family of law, the role of the judge in the resolution of the case is limited by positive ultra-normativization, we observe that the judge creates and recreates law through the specific juris-dictio, through the judgments he pronounces, through what represents the uniqueness of the process of interpretation and transposition of positive legal norms into the immediate reality. The decantation of meanings, symbols and legal valences from legal rules through legal interpretation is a true intellectual creation.

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