PRACTICA JUDICIARĂ ÎNTRE IZVOR DE DREPT ȘI ADEVĂR JURIDIC PARTICULAR
Jurisprudence Between Source of Law and Particular Legal Truth

Author(s): Tiberiu Viorel POPESCU
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: law; judicial practice; source of law;
Summary/Abstract: Judicial practice, especially that issued by higher courts, tends to become a source of law, especially when it is in a position to become "obligatory". As the concept of "normative character" is lacking in the Romanian law landscape, the sources of law and the understanding of the "binding force" of judicial decisions must be carefully delineated in relation to the particular legal truth usually expressed by the judgments of the courts. Also, the indisputable contribution to the formation of the new right of judicial practice in all domestic and European courts has to be emphasized. The judicial control to which the administrative acts and the constitutionality control of the laws are subjected by the administrative litigation also generates a reference judicial practice in which the practice of the constitutional litigation which has a great influence on the law is significant. This is particularly influenced by the acts issued by some institutions that once were generating a very useful judicial practice.

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