The Concept of Judicial Practice: Constitutional and Legal Dimensions
- 10.2991/assehr.k.201205.044How to use a DOI?
- judicial practice, legal practice, legal positions, legal reality, justice
This article examines the concept of judicial practice through the prism of constitutional and legal aspects. It reviews the existing literature on the topic and highlights the main ways, in which judicial practice affects the legal system. The authors also reveal the main axiological features of judicial practice as a form of the administration of law and provide a definition of judicial practice from a constitutional and legal standpoint. Judicial practice encompasses the judicial activities in the administration of law, carried out by judicial institutions on the grounds of their statutory competence and authority, combined with relevant generalizations of the outcomes and experience, resulting from such activities. The authors come to the conclusion that judicial practice appears to be the most effective way of making legal reality more harmonious and balanced, and it may also be capable of reconciling different systems of values.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Andrey Skorobogatov AU - Vladislav Panchenko AU - Aleksandr Krasnov AU - Ivan Makarchuk AU - Anastasia Isaeva PY - 2020 DA - 2020/12/07 TI - The Concept of Judicial Practice: Constitutional and Legal Dimensions BT - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020) PB - Atlantis Press SP - 249 EP - 255 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201205.044 DO - 10.2991/assehr.k.201205.044 ID - Skorobogatov2020 ER -