JUDGE-MADE LAW AND THE EFFECTIVE LEGAL SYSTEM

Antal Visegrady

FIAT IUSTITIA, 2015, vol. 9, issue 1, 213-223

Abstract: There is no doubt that each legal system has to face the fact of the role of judicial practice in the legal changesand the Central-Eastern European region is no exception.Judicial practice in Central-Eastern Europe develops the legal system in two ways. In the strict sense, by producing congruence between the changing social-economic relations and the corresponding, unchanged legal regulation. In the broad sense, judicial practice develops the legal system by bringing the already regulated and unchanged conditions of life into harmony with legal norms reflecting them in a inadequate – too narrow or too broad –form.The main spheres and forms of the judicial development of law are the interpretation, the concretization, and the individualization of legal rules, the filling of legal gaps by way of analogy, and the setting of examples of equity. The means of the judicial development of law are the interpretation of legal rules and the so-called analogia legis and iuris. The main conclusion which can be drawn from the above said is, that judicial practice – by means of its law-developing role – may contribute to the advancement of the effectiveness of law to a great extent.On the basis of all these, we believe that the perspectives of the development of Central Eastern European legal systems lie in the conscious combination of the legislative and judicial development of law. Classification-JEL:

Keywords: legal development; judicial law-making; civil and criminal law; effectiveness of legal system Pages: 213-223 (search for similar items in EconPapers)
Date: 2015
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