THE RELATIONSHIP BETWEEN THEORY OF LAW AND JUDICIAL PRACTICE IN THE ERA OF CHANGE
THE RELATIONSHIP BETWEEN THEORY OF LAW AND JUDICIAL PRACTICE IN THE ERA OF CHANGE

Summary/Abstract: The relationship between legal theory and judicial practice is a dynamic one, in which theory provides the conceptual and analytical foundations, and practice tests, adapts and creates new forms for them, especially in the context of current rapid social, technological and political changes. Legal theory helps to understand changes and substantiate decisions, while judicial practice, through the application of the law and its interpretation, generates new problems and needs that require new theoretical developments. The Romano-Germanic legal system, also known as continental law, is deeply rooted in the systematic rationalism of Roman law and has been shaped by centuries of academic refinement. In contrast to Anglo-American common law, the civil law tradition emphasizes codification, doctrinal consistency, and the subordination of judicial practice to legislative authority. Within this framework, judicial practice is traditionally considered a subordinate activity, in which judges, the true "spokesmen of the law", apply the laws to particular cases, through deductive reasoning. Unlike common law systems, where judicial precedent holds binding authority, civil law judges are not meant to create the law, but only to interpret and implement it. The present study aims to highlight the distinct relationship between legal theory and judicial practice, both of which are undergoing transformation under the increasing influence of supranational legal regimes, with a focus on the role of the European Court of Human Rights in interpreting and applying normative provisions, through the lens of the evolving interpretation of the European Convention on Human Rights.

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