Judicial precedent, a law source

Author:Elena Anghel
Position::Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: elena_comsa@yahoo.com).
Pages:68-76
SUMMARY

The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the existing judicial precedents; if he cannot find an appropriate rule of law, he has to develop one and to apply it. In the continental system,... (see full summary)


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