Rubber paragraph

as rubber paragraph one designates devaluing a legal regulation, which is allegedly too generally or too indefinitely formulated, so that the accuracy lacking permits to stretch the law concerned “rubber-like” and distort in accordance with own purposes. By the uncertainty oneRight term judge escape is favoured.

It will in most cases concern with in such a way designated regulations however all the general clauses mentioned or estimation regulations, without which a modern legislation technology cannot get along any longer. By application of the historical interpretation method becomesthe original purpose of the legislator determines and if necessary. against an understanding up-to-date weighed out.

The legislation answers with more specific sets of rules, which orient or correct often at the established iurisdiction. Numerous general clauses for example faithful and faith are in their meaning thereforeback-pushed. Umbestimmtheiten in the right mean a power gain for the Judikative opposite the other Gewalten. Scope for discretion develops. To differentiate between an uncertainty after the wording and an uncertainty is in the law practice. So are for example the regulations of the Basic Law very generally formulates, but strengthened by iurisdiction of the supreme court in its interpretation. Between lawyers and right-unaquainted citizens such a conflict develops, as the wording is out-played against the law practice. The reproach rubber paragraphs is expression of this deviating the iurisdictionof the individual legal concept.


Wiktionary: Rubber paragraph - word origin, synonyms and translations
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