The right to a fair civil trial through the judicial precedent
Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 38, Issue 3
Abstract
Even though not properly acknowledged or fairly regulated in the Moldovan legal system, reliance upon precedent is literally justified by predictability, stability, fairness, efficiency and the expectation that the law is just. The idea that similar cases should be treated alike is anchored in the assumption that one person is legally equal to any other. Therefore, similar circumstances should not be treated differently except for legally relevant and clearly justifiable reasons. Equity as an abstract notion gains an empirical connotation exclusively throughout the precedent.
Authors and Affiliations
Oleg Sternioală, Marina Zarija
Keywords
Related Articles
- EP ID EP194813
- DOI -
- Views 115
- Downloads 0
Practice examination of disputes on the liability contravention road transport persons
For violating the rules of road passenger transport, the person may be drawn, if necessary, contravention or liable to tax liability. The article contains a proposal to consider the nature of relations arising from the o...
The delimitation of crimes against family from other related crimes
The present scientific article constitutes a criminal law analysis of the harmful actions against family. It represents a first complex theoretical-aplicative research of the problems concerning the phenomenon of the cri...
Scientific-practical importance and utility of the judge`s activity in exercising and strengthening of justice
Activity on justice court under authority delegated by law, as a spear tip in the exercise of rule of law, is monitored and watched very carefully by the public and thus the scientific-practical activity, which is a part...
Suspension of competition council plenary decisions: practical aspects
The request to suspend the decision of the Competition Council’s Plenum is one of the possibilities of the undertakings sanctioned by the Competition Council to be temporarily deprived of the decisions effects until the...
Legal classification of the defendant's act in mitigating substantive and procedural criminal matters
The most important role in the criminal proceedings is assigned to the legal classification of the offence; or, in accordance with the legal basis of the charges brought against him, a person can organize an effective de...