• Сергей Александрович Белов
In the states of Central and Eastern Europe the civil law legal tradition and the legacy of the socialist law substantially limit the perspectives of implementation of precedent’s law. Precedents as a single decision as well as а line of consequent practice (jurisprudence constante), the binding force of both raise a lot of disputes and meet many objections. The article demonstrates that nevertheless many constitutional courts of this region recognize binding force of well-established practice. Different constitutional courts variously provide this binding force with methodological instruments, while this methodology is developing step by step, as well as penetration of precedent as such. Constitutional courts support this process both with their legal statements and setting the pattern for other courts.
Translated title of the contributionCHALLENGES OF PRECEDENT'S LAW FOR CONSTITUTIONAL COURTS OF CENTRAL AND EASTERN EUROPE
Original languageRussian
Pages (from-to)32-39
JournalЖУРНАЛ КОНСТИТУЦИОННОГО ПРАВОСУДИЯ
Issue number1
StatePublished - 2020

    Research areas

  • stare decisis, JURISPRUDENCE CONSTANTE, CONSTITUTIONAL COURTS, CIVIL LAW SYSTEM, PRECEDENT, JURISPRUDENCE CONSTANT

ID: 61287325