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Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View

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Bibliographic Details
Main Authors: Małolepszy, Maciej, Głuchowski, Michał
Format: Book
Language:English
Published: Springer 2023
Subjects:
Judicial Law-Making
Comparative View
Online Access:https://link.springer.com/article/10.1007/s11196-023-09969-y
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9232
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spelling oai:localhost:PNK-92322023-09-26T03:41:08Z Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View Małolepszy, Maciej Głuchowski, Michał Judicial Law-Making Comparative View CC-BY This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy in the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. In the research sample, the German Federal Court of Justice was more inclined to introduce legal institutions that were foreign to the statutes and rule against the will of the lawmaker explicitly stated in the preparatory works. 2023-09-26T03:41:08Z 2023-09-26T03:41:08Z 2023 Book https://link.springer.com/article/10.1007/s11196-023-09969-y https://dlib.phenikaa-uni.edu.vn/handle/PNK/9232 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic Judicial Law-Making
Comparative View
spellingShingle Judicial Law-Making
Comparative View
Małolepszy, Maciej
Głuchowski, Michał
Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
description CC-BY
format Book
author Małolepszy, Maciej
Głuchowski, Michał
author_facet Małolepszy, Maciej
Głuchowski, Michał
author_sort Małolepszy, Maciej
title Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
title_short Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
title_full Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
title_fullStr Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
title_full_unstemmed Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View
title_sort judicial law-making in the criminal decisions of the polish supreme court and the german federal court of justice: a comparative view
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s11196-023-09969-y
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9232
_version_ 1779307164712566784
score 8.891053

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