Dynamism and deliberativeness in the interpretation of law on the example of cases concerning LGBTQ rights

Abstract

The article illustrates the numerous contexts and multifaceted nature of the right to citizenship, to have a correct civil status record, or to benefit from tax reductions or exemptions on the same basis as other citizens, e.g. those in heterosexual unions. It shows how complicated it has become to adjudicate on matters that, in view of the subject matter, should be relatively clear and predictable. Reflexive interpretation of law makes it possible to take into account its non-eliminable changeability, as well as the fluidity of the meaning of terms and phrases used in legal texts – factors which oblige the interpreter to refer to extra-linguistic contexts of interpretation, i.e. to functional and systemic arguments. The author considers that it is not possible to reach an adequate understanding of the current legal context without analysing the social and cultural context, especially when considering pluralism of values as the modus vivendi of a democratic society.