This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.
This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.
Leszek Leszczynski is a professor, judge of the Supreme Administrative Court and researcher in the field of legal interpretation, precedent and axiology of judicial application of law. Bartosz Li¿ewski is a professor and researcher in the field of legal theory and human rights protection systems. Adam Szot holds a Ph.D. in law and conducts research in the field of public administration discretion, application of law and legal interpretation.
Inhaltsangabe
Precedential practice in civil law culture - Different aspects of judicial argumentation - Influence of precedents on law application processes in the statutory legal order - Law interpretation and legal argumentation
Precedential practice in civil law culture - Different aspects of judicial argumentation - Influence of precedents on law application processes in the statutory legal order - Law interpretation and legal argumentation
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