Judicial Precedent: Case Study Republic of North Macedonia
Judicial Precedent: Case Study Republic of North Macedonia

Author(s): Elizabeta Spiroska, Natasha Najdenova Levikj
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Judicial precedent; Source of law; North Macedonia
Summary/Abstract: Judicial precedent refers to previously decided judgments of the courts, which judges are bound to follow. It is an important formal source of law of the common law countries. Previous court judgements are not legally binding on future judicial decisions under the civil law systems. Republic of North Macedonia is part of the civil law system. The primary formal sources of law in the Republic of North Macedonia are written statutes. The purpose of this paper is to analyse the importance of judicial precedent in the Macedonian legal system. This paper consists of an introduction, two parts and a conclusion. The introduction describes the basic issues related to judicial precedent as a formal source of law. The first part analyzes the theories of precedent. The second part analyzes the situation with the judicial precedent as a source of law in the Republic of North Macedonia. The conclusion summarizes the main findings, observes how they relate to the research question and gives recommendations.

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