Judicial precedent as a source of law in administrative justice
Journal Title: Актуальні проблеми держави і права - Year 2016, Vol 76, Issue
Abstract
Analyzed the legal nature of the case law in the countries of the Anglo-American and continental law. It is proved that the history of the formation of a precedent as a source of law is the age-old and is based on the idea of justice of the court decision, which does not differ from the previously received at the coinci- dence of the actual circumstances of the case under consideration. The possibilities of application of judg- ments of the European Court of Human Rights in the administrative procedure of Ukraine. The concept, structure and basic classification of judicial precedents, as well as features of their application. Disclosure issues a limited judicial precedent. Formulated arguments that led to the findings and to determine the advantages and disadvantages of judicial precedent by the administrative courts.
Authors and Affiliations
А. В. Журавльов
Keywords
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