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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| Định dạng: | Sách |
| Ngôn ngữ: | English |
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Springer
2023
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| Truy cập trực tuyến: | https://link.springer.com/article/10.1007/s11196-023-09969-y https://dlib.phenikaa-uni.edu.vn/handle/PNK/9232 |
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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 |
8.887929 |