Results 1 to 10 of about 620,466 (335)
The Use of Precedent as Subsidiary Means and Sources of International Criminal Law [PDF]
Tilburg Law Review, 2013 This article examines the use of precedent in the judgments of international criminal courts and tribunals. It finds that although such courts and tribunals have resorted to external judicial decisions as subsidiary means for the determination of rules ...
Aldo Zammit Borda
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Judicial Lawmaking and Precedent in Supreme Courts [PDF]
SSRN Electronic Journal, 2011 What does it mean for a supreme court to ‘make law?’ When is it possible to say that its decisions are ‘precedents?’ To what extent should a supreme court’s pronouncements be taken into account by others – lower courts and political branches? And how should these other actors reason with such precedents?
Komárek, Jan
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JUDICIAL PRECEDENT, A LAW SOURCE [PDF]
Challenges of the Knowledge Society, 2017 The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the ...
Elena ANGHEL
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JUDICIAL PRECEDENT AND JUDICIAL PRACTICE
Comparative-analytical law, 2019 M.H. Khaustova, O.O. Podorvan
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THE THEORY AND PRACTICE OF PRECEDENT IN INTERNATIONAL ADJUDICATION: A VIEW FROM UKRAINE
Access to Justice in Eastern Europe, 2021 This article argues that legal pragmatism and realism are the methodological basis for considering the law-making function of international courts. Classical scientific approaches, the representatives of which view courts only as applicators of the ...
Inna Boyko
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Judicial precedent and practice of the ECHR in criminal law
Revista Amazonía investiga, 2022 The source of law, the case-law of the European Court of Human Rights (hereinafter – the ECtHR), is playing an increasingly significant role in the practice of judicial proceedings in Ukraine.
Habib Rahim Jafarov +3 more
semanticscholar +1 more source
THE ROLE AND SIGNIFICANCE OF JUDICIAL PRECEDENT IN THE SYSTEM OF SOURCES OF LAW
Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, 2021 The article explores the concepts of sources of law and their main types. The source of law means the way of external influence of legal norms, which certifies their binding nature. The concepts and place of judicial precedent in the system of sources of
N. Mialovytska, N. Zlatina
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Genesis of court practice and judicial precedent
THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, 2021 The problem of judicial lawmaking is one of the urgent problems for modern legal science. The subject of the study is the genesis of judicial practice and judicial precedent to identify the possibility of using them as full-fledged sources of Ukrainian ...
A. Melnyk
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The Autonomy Challenge: Examining the Pre-emption Thesis in Judicial Reasoning and Precedent
Precedente, 2023 This article reflects on one of the challenges Gerald Postema’s account of the autonomy thesis poses to Raz’s pre-emption thesis in judicial practice and precedent.
Sandra Gómora-Juárez
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Revista Eletrônica de Direito Processual, 2021 The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards.
Luan Eduardo Steffler
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