دور تفسير القاضي الاجتماعي في انشاء القاعدة القانونية

الملخص EN

The role of the judge of social matters is limited to the consideration of dispute before him, wich includes the working relationship and the applicatioof interpretationn of the legal text without interpretation, in application of the priciple of « no diligence with the existence of a text », but somtimes he may not reach the solution contained in the legal rule to be applied, because of its ambiguity or confusion surrounding its judgments or the existence of error or contradict with other rules.

This situation requires recourse to the process of interpretation in order to reach a proper solution.

Thus, the judge uses a number of means to achieve his goal.

The solution reached as a result of interpreting the vague legal text is considered the cornesrstone in the creation and drafting of the eploymet law rules as a result of consolidation of certain priciples and judgments and their adoption by legislative power.