RELATIONSHIP BETWEEN “JUDICIAL PRESIDENT” AND “JUDICIAL PRACTICE” IN DIFFERENT LEGAL SYSTEMS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article is devoted to the relation between the notions of “judicial precedent” and “judicial practice” in the context of the concepts of “form of law” and “source of law”, characterized their common and separate features. The issues of the place of court decisions and generalizations of judicial practice in the system of sources of criminal law have been investigated not for a long time, but to this day they do not lose their relevance. Officially, today neither a court decision nor a generalization of judicial practice is recognized as sources of criminal law, but there is an obvious extraordinary influence on the formation of criminal-legal relations. Understanding of the phenomena of “judicial precedent” and “judicial practice” is not the same in different legal systems. This is due to the affiliation of a legal system with a particular state to a certain legal system, as well as with relevant legal traditions, peculiarities of legal consciousness and legal culture. In one legal system the law-making of judicial authorities is determined, and in the other one it is categorically denied. Different concepts are used to outline its results. It is also traced in legal literature. The notions of “judicial precedent” and “judicial practice” are indefinably used not only by Ukrainian scholars, but also by researchers in other states. It is clear that it touches the representatives of the countries of Roman-Germanic legal system where the participation of judicial bodies in the law-making process is actively discussed and is the subject of scientific researches. In Ukraine, the process of establishing the legal system of the state in relation to judiciary reform, which is given special significance, is taking place today. Bodies of justice should occupy a special place in the state as bodies of protection of private interests, acquire independence in of exercising their powers. Scholars and practitioners raise the issue of the need for the judiciary to participate in the law-making process in the state. It is important to determine correctly the results and process of such activities of the judiciary. Various terms are proposed, including “judicial practice” and “judicial precedent”.
Authors and Affiliations
А. О. Драгоненко
Keywords
Related Articles
- EP ID EP662323
- DOI -
- Views 47
- Downloads 0
THE LIMITS AND RESTRICTION OF PROTECTION (SELF-DEFENS) OF THE RIGHTS PARTICIPANTS OF BUSINESS ENTITIES
In the article, based on the analysis of the norms of the current legislation and legal positions of the scientific community, the concept of limits and restrictions of protection (self-defense) of the rights of particip...
PROBLEMS OF ADMINISTRATIVE AND REGIME PROCEEDINGS IN THE FIELD ORGANIZATION OF PUNISHMENT
Need for administrative and regime proceedings in the field organization of punishment as a pre-condition in reforming the penitentiary system of Ukraine is considered. The basic normative and legal acts that define the...
IMPROVEMENT OF NATIONAL LEGISLATION GOVERNING THE STATE CONTROL OF THE CONTROL OF LEGISLATION ON TRANSPORT
The article analyzes the current state of the national legislation, which regulates state control over compliance with the legislation on transport. The existing shortcomings and gaps are described and, accordingly, ways...
РECULIARITIES OF TASKS OF RESEARCH INSTITUTION OF UKRAINE
The article analyzes the scientific opinions of lawyers on the definition of “problem”. The author definition of the tasks of research institutions. Defined range of tasks that are somehow inherent in scientific research...
THE PLACE AND FUNCTIONAL PURPOSE OF ADMINISTRATIVE PROCEDURAL NORMS IN THE CONTROL MECHANISM OF ADMINISTRATIVE PROCEDURAL LEGAL
The article are focused of the specific features of administrative procedural legal norms and features of mechanism of administrative procedural regulation; as a result the author has formulated conclusions useful for th...