СЪДЕБНОТО НОРМОТВОРЧЕСТВО
COURTS RULEMAKING
Author(s): Goran GoranovSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: ЮГОЗАПАДЕН УНИВЕРСИТЕТ »НЕОФИТ РИЛСКИ«
Keywords: court decision; court rulemaking; legislative gaps and source of law
Summary/Abstract: Courts rulemaking is still a controversial topic in legal dogmatics and legal practice. The dominating view is that judges simply apply the law in Civil law systems where the ultimate principle is separation of powers. In this article we give a new view on the role of the judge as a rulemaker. We discuss the question of whether the court rulemaking is admissible and where its objective boundaries are set.
Journal: Право, Политика, Администрация
- Issue Year: 6/2019
- Issue No: 4
- Page Range: 76-86
- Page Count: 11
- Language: Bulgarian