The development of law by the courts: in search of legitimacy through reference to values Cover Image
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Развитието на правото от съдилищата: в търсене на легитимност чрез позоваване на ценности
The development of law by the courts: in search of legitimacy through reference to values

Author(s): Yana Vladimirova-Panova
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Съюз на юристите в България
Keywords: development of law; judicial practice; values; evolutive interpretation

Summary/Abstract: The present paper explores the role of values as a factor legitimizing the development of law through the so-called “modernization” of judicial practice or the adoption of evolutionary interpretation. To this end, the case-law of several judicial bodies belonging to the so-called “strong courts” is examined: the European Court of Human Rights, the Constitutional Court of the Republic of Bulgaria, the Court of Justice of the European Union, and the Supreme Court of Cassation.

  • Issue Year: 2025
  • Issue No: 5
  • Page Range: 4-37
  • Page Count: 34
  • Language: Bulgarian
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