Judicial precedent in sources of contemporary laws
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StatusThe thesis was presented on the 25 August, 2016Approved by NCAA on the 6 October, 2016 Abstract – 0.50 Mb / in romanianThesisCZU 340.1 (043.3)
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Keywords
judicial precedent, jurisprudence, source of law, system of law, judicial authoritySummary
Goal and objectives of the thesis.The stated goal of the research is the theoretical substantiation of the concept of ”judicial precedent” from the perspective of the General theory of law, the identification of the place and role of jurisprudence and judicial precedent in the system of formal sources of law. The objectives are: a scientific review of the concept ”source of law”, of the necessity to reevaluate the place and role of jurisprudence and judicial precedent in the system of formal sources of law; the comparative review of the sources of law in different systems of law, the correlation between judicial precedent and other formal sources of law; historical research of the sources of law with emphasis on judicial precedent and jurisprudence; theoretical foundation of judicial precedent authority in the anglo-saxon and roman-germanic families of law; scientifical clarification of the corelation between judicial precedent and jurisprudence in creating law.
Scientific novelty and originality. The research represents, in Romania’s and Republic of Moldova’s doctrine, an endeavor to research the judicial precedent, its place and role in the system of formal sources of alw as well as a personal opinion reasoning on the topic. Approaching judicial precedent in terms of legal, doctrinal and practical view, as a factor with determinant impact on the creation of law in different families of law is part of the scientific novelty.
Scientific problem solved is elaborating the tools to identify and found scientifically judicial precedent category from the General theory of law perspective, which led to determining the place and role of the judicial precedent, jurisprudence and other sources of law in the common law and the roman-germanic systems of law; reconsidering judicial precedent role in the formal sources of law is argued for its use to create and interpret unitary the law.
Theoretical importance stems from the reconfiguration of the place and role of judicial precedent within the legal system, determining and defining the concept of source of law, means of representing judicial precedent in different legal systems and last but not least from demonstrating the existence of new sources of law in Romania’s and Republic of Moldova’s legal systems.
Practical importance The scientific ideas and conclusions of the thesis may be used on a theoretical and doctrinal level, as initial base for a subsequent approach of the formal sources of law; on a legislative normative level, in enactment activity, in the process of reforming legislation stipulating law elaboration and the role of the judicial precedent and jurisprudence in this process; in the university teaching activity for Sources of law and Typology of legal systems.
Implementation of the scientific results The thesis conclusions, the elements of novelty are used in the studying process of the subject General Theory of Law at ”Spiru Haret” University in Romania.
Oficial Reviewers
- Boris Negru
doctor, associate professor (docent), Moldova State University - Ioan HUMĂ
doctor, profesor universitar, România
Council's Members
- Dumitru Baltaga, president
doctor habilitat, professor, Free International University of Moldova - Ion Postu, secretary
doctor, associate professor (docent) - Elena Aramă, member
doctor habilitat, professor, Moldova State University - Negru Andrei (decedat), member
doctor habilitat, professor, Botanical Garden (Institute) - Dumitru Grama, member
doctor, associate professor (docent), Institute of History of the ASM
Theses
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