The Concept of Judicial Practice: Constitutional and Legal Dimensions

DOI

10.2991/assehr.k.201205.044How to use a DOI?

Keywords

judicial practice, legal practice, legal positions, legal reality, justice

Abstract

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.

Copyright

© 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/).

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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  -