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The Constitutional Grounds of Judge-made Law

  • Latvia

    21-09-2009

    Author: Ginta Sniedzite

    Jurista Vards, 15.09.2009., Nr.37 (580)

    The article reflects author’s further research in the theoretical field of concept of the Judge-made Law. Constitutional grounds of the Judge-made law are analysed especially with respect to its legitimacy from the point of view of principle of division of powers as introduced by Charles Montesquieu and developed by other legal systems and ideas. Article also deals with problematic of preconditions set for the Judge-made law’s legality, including relationship between the judicial power and political power and mechanisms and tools to control the process and result of the judicial legislation. Both internal and external borders are found limiting a judge in deciding the case based on legal norm found and formulated by the court

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