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How the Court’s path dependence affects its role as a relational actor
European Law Open, 2023 This Article draws on research into precedent and the European Court of Justice to argue that it is distinctive in almost never retreating from a standpoint it has taken, or overturning an earlier judgement, by contrast with other Supreme Courts where ...
Gareth Davies
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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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Civil law between law and precedent [PDF]
Megatrend Revija, 2022 The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law.
Nikolova-Marković Aleksandra
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Aplicabilitatea jurisprudenței Curții Europene la judecarea căilor de atac [PDF]
Revista Institutului Naţional de Justiţie, 2023 n prezentul articol am realizat un studiu complex a aspectelor practice privind aplicabilitatea jurisprudenței CtEDO la judecarea căilor de atac în cadrul procesului penal. Lucrarea conține analiza aspectelor teoretice și practice ce vizează soluționarea
Oganesean Armen
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Conflict of interest: dialectics of a normative “tiered structure”
Russian Journal of Economics and Law, 2021 Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks ...
V. V. Astanin
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Argument from Precedent in Legal Interpretation of Texts of Legal Acts from the Perspective of a Derivative Concept of Legal Interpretation [PDF]
Archiwum Filozofii Prawa i Filozofii Społecznej, 2022 The aim of this article is to ascertain whether in the Polish legal culture in which precedent is not a legislative fact, it can become an argument in the process of judicial interpretation. The article posits that an analysis of precedent as an argument
Agnieszka Choduń
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Desirability of regulative function of judicial power [PDF]
Anali Pravnog Fakulteta u Beogradu, 2022 The article presents the follow-up to a previous article which expounds the thesis that in all developed legal systems court judgments can be sources of general rules and standards that will constraint the courts, as decisionmakers, and then ...
Dajović Goran
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Cultural capital of IT developers in Ukraine: exploratory case study
Rozwój Regionalny i Polityka Regionalna, 2015 Article focuses on the analysis of approaches to studying cultural capital of IT developers. Exploratory case study refers to the IT developers’ activity and focuses the cultural capital (CC) of the Ukrainian IT sector.
Ievgeniia Diadko, Svitlana Buko
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Sources of Civil and Sports Law as a sub-branch of Civil Law of Ukraine
Bulletin of Kharkiv National University of Internal Affairs, 2022 The article is devoted to the topical issues of analysis and systematization of sources of Sports and Civil Law. The role of sports in the development of modern society is constantly growing.
O. A. Morhunov +2 more
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SSRN Electronic Journal, 2021 AbstractCourts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly.
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