The Use of Analogy in the Administrative Law

  • Tomaz Kerestes University of Maribor, Faculty of Law
  • Martina Repas University of Maribor, Faculty of Law
Keywords: administrative law, legal reasoning, legal arguments, analogy, analogia intra legem, analogia legis, analogia iuris, legal gaps, gap-filling

Abstract

Analogy means that one or more statutory provisions are stripped of their non-essential parts, and in this purified form are applied to cases which are different, but not essentially different from the cases regulated in the statute. This is an important legal method. In Anglo-American law it is relevant for the analysis of case law applicability. In Civilian legal tradition it is the predominant form of gap-filling. This method is of highest importance in the civil law and significantly curtailed in the criminal and administrative criminal law. The open question is the application of various forms of analogy in administrative law. Authors analyze the legal framework for application of analogy in administrative law and the methods of its application. Special problem of analogy in administrative law are the limits of application.

Author Biographies

Tomaz Kerestes, University of Maribor, Faculty of Law
Department for Foundamental Legal Disciplines, Assistant Professor
Martina Repas, University of Maribor, Faculty of Law
Department for Civil, Comparative and International Private Law, Associate Professor
Published
2013-07-01
Section
Conference Paper