الاجتهاد المقاصدي في تفسير و تطبيق النصوص القانونية مفهومه، مجالاته، مستلزماته : (مع استصحاب تجربة القضاء السوداني)‎

Abstract EN

Adopting the locutionary interpretation of the legal text may, in some exceptional cases, contradict the intention of the legislator or the intention of the parties involved in contractual transactions.

It is cases such as these that bring to light the importance of discretionary interpretation, which goes hand in hand with the intentions and the major and minor objectives of legislation.

Similar to locutionary interpretation, which is based on the lexical meaning and the grammatical structure of the legal text as a way of interpreting the text, discretionary interpretation is guided by principles and constraints.

The study is divided into three four sections.

Section one includes an introduction to discretionary interpretation.

Section two is dedicated to the circumstances in which discretionary interpretation is needed.

Section three is a discussion of the requirements that must be met before discretionary interpretation can be used.

Section four is a discussion of the connection between discretionary interpretation and the principle of legal safety, since discretionary interpretation might be avoided on grounds of fear of abuse and control.