COMMENTARY ON THE LAW AND ITS ROLE IN JUDICIAL PRACTICE: THE VIEW OF A GERMAN JUDGE
Keywords:
commentary on the law, judicial practice, administrative procedures, text of the law, interpretation of the law, judge’s position, GermanyAbstract
In Germany, legal commentaries are a basic tool of any legal profession. Commentaries incorporate up-to-date jurisprudence and modern doctrine. German publishing practice provides many examples of extensive, multi-volume commentaries, from the country’s basic law to the German Civil Code or the Administrative Procedures Act. Applying interpretations to laws is an integral part of the university learning process and helps to understand different points of view. The drafting of administrative documents or court decisions is unthinkable without the interpretation of case law. A commentary supports a legal argument with evidence, and the evidence is in turn supported by key case law decisions. The practical relevance of the commentary is to clarify existing legal texts and identify conflicting points of view. A judge is completely free to make a decision and is not obliged to follow one opinion or another. The right to interpret the law belongs to everyone, and only the judge can decide with whose opinion he agrees and maybe form his own completely new position.
