Certain forms of expression of judicial precedent
| Autor | Aydar R. Gubaydullin - Valeriya V. Kurnosova |
| Cargo | State and Law, Kazan Federal University,, 18 Kremlyovskaya St., Kazan, Republic Tatarstan, 420008, e-mail: aydar8118@gmail.com - Department of Theory and History of State and Law, Kazan Federal University,. 18 Kremlyovskaya St., Kazan, Republic Tatarstan, 420008, E-mail: VaVKurnosova@kpfu.ru |
| Páginas | 133-141 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 07 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
133
CERTAIN FORMS OF EXPRESSION OF JUDICIAL PRECEDENT
Aydar R. Gubaydullin1
Valeriya V. Kurnosova2
Abstract: The relevance of the studied
issues is associated with the increased
interaction of the legal systems of our
time. The research methodology is based
on the dialectic and the systematic
approach that follows from it. The article
authors take into account the pluralism of
the concepts involved in the study. The
classic case law is applied to the Anglo-
Saxon legal family. The terms judicial
precedent and judicial practice are
understood synonymously, but only if
the judicial practice is created by the
highest judicial instances.
Keywords: judicial precedent, judicial
practice, law.
Introduction
The development of the legal
system of society is inextricably linked
with the evolution of the judicial system,
the result of which is the creation of
judicial practice that takes on various
1 State and Law, Kazan Federal University,, 18 Kremlyovskaya St., Kazan, Republic Tatarstan,
420008, e-mail: aydar8118@gmail.com
2 Department of Theory and History of State and Law, Kazan Federal University,. 18
Kremlyovskaya St., Kazan, Republic Tatarstan, 420008, E-mail: VaVKurnosova@kpfu.ru
forms and content in different legal
families of modern times. In particular,
there are judicial precedents in the
Anglo-Saxon legal family, relating to the
leading sources of law of this legal
family. In the Romano-Germanic legal
family, the role of judicial practice is
expressed differently; it is an additional
source of law.
All this features are described in
the theoretical legal and comparative
legal literature. At the same time, the
answer to the question about the forms of
judicial precedent has not received
adequate coverage yet. The activity of
judicial system, especially the highest
judicial instances, is connected with law-
making, legal regulation, interpretation
of law. Therefore, taking into account the
peculiarities of the development and
interaction of modern legal systems, it is
necessary to turn again to the study of
this problem.
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