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Question 1

In what order is hierarchical legislation to be interpreted?

Answer 1

1 - Constitution (Grundloven)
2 - Law
3 - executive order (Bekendtgørelse)
4 - case law practice (Retspraksis)
5 - administrative practice

Question 2

Interpretation of treaties:

What must be considered when a treaty has been translated in to 2 or more languages?

Answer 2

• If it has any confirmed versions
• If any of the confirmed versions have precedence
• To assume that every confirmed versions wording carries meaning
• When 2 or more versions wording result in a different interpretations of them. You must choose the meaning that unites all versions the most, and look at the intention and regards of the treaty

Question 3

Sentence 1 in Article 31 about how to interpret a treaty?

Answer 3

To read them loyally with regard to the treaties initial intention

Question 4

what does lege lata mean?

Answer 4

Current law

Question 5

What is formel fairness?

Answer 5

Equals must be treated equal, The principal of equality (Lighedsprinscippet)

Question 6

What does lege ferenda mean?

Answer 6

Desirable future law

Question 7

Explain hermeneutic science filosofi, and the hermeneutic circle

Answer 7

One must know the bigger picture to understand a small detail, in the same way one must know the specific details to understand the bigger picture.

Question 8

What principles are private law built on?

Answer 8

• private autonomi

- equivalence

Question 9

What principle is criminal law built on?

Answer 9

• legality

prosecution law §1

Question 10

What principle is bankruptcy law built on?

Answer 10

• equality

Question 11

What principles are public law built on?

Answer 11

Competing
- legal certainty
vs.
- effectivity

Question 12

What principle is process law built on?

Answer 12

• Contradiction

Question 13

Even though supreme court must promote uniform application of a treaty in its rulings, what are they not forced to do?

Answer 13

Incorporate other countries rulings

Question 14

What does analog use of a law mean?

Answer 14

The law is used in circumstances, that aren’t incorporated in the laws wording

Question 15

In which field of law is analog interpretation forbidden?

Answer 15

Criminal law

Question 16

When is analog interpretation allowed?

Answer 16

“When the rule’s real meaning is so obvious, that a rejection of using the rule would seem like pure formalism”

Question 17

Explain “a fortiori” endings

Answer 17

When the principles the law is made on are stronger in non-legislated areas, than areas regulated by law. (for example, private law. One would seek to exempt disputes from the law rather than try to find a rule to match the circumstance)

Question 18

Explain “e contrario” endings also called “anti-ethical interpretation”

Answer 18

When interpretation concludes that the law cannot be used in cases that aren’t explicitly stated in the wording (example: Laws on incarceration)

Question 19

What 2 perspectives are important to reflect on when interpreting EU-law

Answer 19

The danish perspective and the EU perspective

Question 20

What does the EU say is important to consider when reading and using EU laws

Answer 20

• The many languages
• The different meaning of concepts in different countries
• Must be looked at in the light of EU laws as a whole
• The underlying goal of the law

Question 21

Explain the case “The American renter”

Answer 21

An American woman, Teresa, pays 50% of the price for a summer house for “unlimited use of the property as long as she lives”,.
There was a ban on people who hadn’t lived in Denmark for 5 years prior to buying proporty, to do so without getting permission from the Ministry of Justice.

Even though private/contract law is founded on the principle of autonomi, the agreement was rules illegal, as it was a direct circumvention attempt.

quotes:
»Everything that isn’t illegal, is legal, except when its not«
»agreements that are assumed to be made with the primary purpose of circumventing the law, are invalid

Question 22

What is the latin concept that is the reason circumvention is illegal?

Answer 22

ordre public

- the fundamental considerations on which society rests

Question 23

Explain the principle of proportionality

Answer 23

The verdict must be proportionate to the crime

Question 24

Explain “nulle puella sin lege”

Answer 24

No conviction without law

The principle of legality

Question 25

Explain “audiatur et altera pars”

Answer 25

The right to be heard

Question 26

Where is Culpa from?

Answer 26

Roman scripture

Question 27

Why are alot of legal definitions in latin?

Answer 27

Most don’t actually come form roman times, but the writers in the late 1700s used latin to add authority to the concepts and definitions

Question 28

Explain “in dubeo pro reo”

Answer 28

Lack of evidence benefits the accused

Question 29

What is crutial if private law is to follow its principle of autonomi?

Answer 29

Equally strong parts (equivalence)

Question 30

What 3 requirements must be men when applying the principle of proportionality

Answer 30

necessity, comparison, suitability

nødvendighed, forholdsmæssighed, egnethed

Question 31

What is Jens Peter Christiansens opinion on legal principles in constitutional law?

Answer 31

“It would ly far from danish constitutional tradition, if the courts were to undertake, in reviewing the constitutionality of laws, assert the existence of such unwritten and substantively uncertain principles.”

Principles too uncertain to be incorporated in constitutional rulings

Question 32

Explain the principle of proportionality regarding the European convention on Human Rights

Answer 32

The states must choose a less intrusive type of restriction in oppose to a more intrusive type. The intensity of the intervention must also be proportionate to the purpose.