The Role and Importance of Jurisprudence in the Interpretation and Application of Positive Law Cover Image

Rolul și importanța jurisprudenței în interpretarea și aplicarea dreptului pozitiv
The Role and Importance of Jurisprudence in the Interpretation and Application of Positive Law

Author(s): Andrei Constantin
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: jurisprudence; judicial precedent; formal source of law; Romanian legal reality;
Summary/Abstract: The Romanian jurisprudence, unlike the Anglo - Saxon one, is not attributed to him as a formal source of law. The question arises, to what extent this would be justified, considering that the current legal realities show multiple anomalies, both regarding the different interpretation and application of the legal texts and the existence of a non-unitary practice, that the Romanian courts pronounce different solutions to the cases, absolutely identical ?!...