Theoretical model of judicial lawmaking in the context of modern French legal realism

The article is related to the analysis of the specifics of views on the judicial lawmaking in a context of contemporary French realist theory of interpretation, which is atypical for both national and continental legal tradition. The research emphasizes the multidimensional nature of this theory, the presence of its connection with both the French neopositivists and normativists conceptions, as well as with foreign legal realism. The author studies the views of the French legal realism representatives concerning the phenomenon of judicial lawmaking in general, as well as the features of the detection and creation of norms in the process of the legal interpretation and the specifics of its implementation in the field of constitutional justice. On the basis of the analysis results the author concludes that actual recognition of court lawmaking monopoly in the realistic theory is accompanied by the attempts to justify its rational limitation, to emphasize the importance of responsibility and individual choice of law enforcer.