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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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Law-Making and the Judicial Guarantees in Occupied Territories
2015Abstract This chapter focuses on Article 64 of Geneva Convention (GC) IV, which gives the Occupying Power a broader ambit of legislative authority in occupied territories. In exceptional circumstances, the Occupying Power is not only allowed to change the laws in force, but is even bound to enact laws pursuant to the objective of giving ...
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