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Putting the L in ELSI: legal methods for bioethics research. [PDF]
J Law BiosciPrince AER +9 more
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International Judicial Law-Making and the General Principles
2019Marija Đorđeska
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Judicial «Law-Making» in the XXI Century
Rossijskoe pravosudie, 2021The article analyses different points of view of Russian and foreign specialists who have studied judicial «law-making». The following conclusion is made: from the position of scientifically grounded concept of integrative legal understanding the courts in the XXI century produce judicial acts, which are individual judicial regulators of legal ...
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2014
Olivecrona maintains that courts necessarily create law when deciding a case. The reason, he explains, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Although he is not explicit about it, he appears to reason that if courts have to evaluate issues of fact or law in order to decide a
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Olivecrona maintains that courts necessarily create law when deciding a case. The reason, he explains, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Although he is not explicit about it, he appears to reason that if courts have to evaluate issues of fact or law in order to decide a
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Judicial Practice Impact on Law Making
Journal of Russian Law, 2016The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the ...
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Law-Making in the Shadow of Judicial Politics
2011This chapter analyses a neglected aspect of the Community method: the interaction between legislative and judicial politics. In the classic understanding of the Community method as described in the introduction to this volume, the Commission’s role as an independent initiator and the Court’s mandate to control compliance with EU law are conceptualised ...
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THE ESSENCE OF JUDICIAL LAW-MAKING AND ITS LIMITS
Roczniki Administracji i PrawaIn the doctrine, issues related to judicial lawmaking, although raised many times, still enjoy great interest. It is particularly attractive now, when legislative standards are lower. There is also no doubt that we observe that in the judicial application of law, the boundaries of the literal understanding of the legal text go beyond the limits in ...
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