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Certain Aspects Influencing the Application of the Judge-made Law

  • Latvia
  • Other

19-10-2010

 Author: Ginta Sniedzite

Jurista Vards, Nr.42 (637), 19.10.2010.

Legal force and status of the Judge-made law is to be found between the generally formally binding force of legal norms created by the legislator and intra partes force of a simple court judgement as act of application of the law. However, in addition to the legal force thus identified, the Judge-made law is a concept application of which is deeply influenced also by certain other aspects.

While analysing circumstances determining necessity of the concept of the Judge-made law within the legal system as well as theoretical prescriptions regarding further development of the norms formulated by the court, one can establish several factors influencing the application of the judge-made law. In this article, author analysis two of those factors, i.e., status of the court (author of the Judge-made law norm) within the court system and consistency and stability of norms formulated by the court.

 Full publication in Latvian language available HERE

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