We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
JUDICIAL PRECEDENT IN THE JUSTICE OF THE ANGLO-AMERICAN SYSTEM OF LAW.
- Authors
Mariia, Koval; Volodymyr, Baranyak; Nataliіa, Slotvinska; Mariana, Denysiuk; Anatolii, Kryzhanovskyi
- Abstract
Purpose: The article provides a scientific analysis of judicial precedent as a source of law in the Anglo-American legal system. Methods: This study carefully analyzed scholarly works and legal documents of judicial precedent as sources of law in the Anglo-American legal system. The data was obtained from various sources, including academic research, international human rights norms and practices of their application with the help of general philosophical and special methods of cognition. Results and discussion: It is emphasized that the judicial precedent is determined by the traditional attitude towards the court in society, which was formed within a certain legal system. It is noted that law in the understanding of the Anglo-American legal system is primarily judicial practice, and the norms of law are included in the legal system only after their repeated application and presentation by judges. It is concluded that today there are objective trends regarding the convergence of the Romano-Germanic and Anglo-American legal systems. It is noted that in common law countries, the legislative path of law development is becoming more and more important, and in continental law countries - judicial decisions of both domestic and international courts, with the help of which the law is clarified and developed. Implications of the research: This research has significant implications for researchers and practitioners in the field of legal sciences, as it defines a comprehensive vision of the development trend of the Anglo-American legal family, which in the process of its evolution acquired certain features of the Romano-Germanic legal system. Originality/value: The specific conclusions formulated in the study fill a gap in current methodologies and knowledge regarding the use of judicial precedent in the justice of the Anglo-American legal system. Clarifying the specifics of the court's interpretation of the precedent as a source of law in the countries of the Anglo-American legal system will contribute to the enrichment of legal science and the development and modernization of certain approaches to these issues at the national level.
- Subjects
AMERICAN law; JUSTICE administration; LEGAL norms; HUMAN rights; LEGAL documents; JUDGES
- Publication
Environmental & Social Management Journal / Revista de Gestão Social e Ambiental, 2024, Vol 18, Issue 6, p1
- ISSN
1981-982X
- Publication type
Article
- DOI
10.24857/rgsa.v18n6-063