Restrictions on the Use of Analogy in Law

Abstract

This article touches on the issue of the restrictions and bans concerning the use of analogical reasoning in law. In order to clearly present this topic, the Author appeals to different branches of law, having thus a separate regard for criminal law, tax law, administrative law, private law and legal procedures. In this context, he also pays attention to the domain of the constitutional law and the practice of the Court of Justice of the European Union. Additionally, allowance has been made for some other interpretative directives that aim to truncate the potential usage of an analogical argument in law such as the principle that exceptions should not be extended, the requirement not to meddle with the plain and precise meaning of the wording of statutory provision or a ban on negating the ‘exhaustive’ nature of some statutory enumerations through extending them analogically.