Open AccessGenesis of court practice and judicial precedent
Author(s) -
A. M. Melnyk
Publication year - 2021
Publication title -
alʹmanah prava
Language(s) - English
Resource type - Journals
ISSN - 2524-017X
DOI - 10.33663/2524-017x-2021-12-32
Subject(s) - lawmaking , law , judicial review , political science , judicial independence , judicial activism , legislation , jurisprudence , judicial opinion , sources of law , common law , legislature , supreme court
The problem of judicial lawmaking is one of the urgent problems for modern legal science. The subject of the study is the genesis of judicial practice and judicial precedent to identify the possibility of using them as full-fledged sources of Ukrainian law, the development of this problem is associated with improving the quality of legislation. Сonsiders the issues of judicial practice and judicial precedent in the world of judicial lawmaking in the field of jurisprudence.The article, based on a historical approach, examines in detail the nature of judicial precedent and judicial practice,analyzes the factors that influenced their development and formation. A historical and legal analysis of the peculiarities of formation and development of judicial practice, and judicial precedent in the Anglo-Saxon and Romano-Germanic legal families. Attention is drawn to the uncertainty about the role of judicial precedent in the legal system during the formation and development of the Romano-Germanic legal family.Keywords: case law, judicial precedent, source of law, legislation, court decisions.