What are precedents and how should judges handle them? Considerations based on jurisprudence of the European Court of Human Rights
What are Precedents and How Should Judges Handle Them? Considerations Based on Jurisprudence of the European Court of Human Rights
Author(s): Dragoljub PopovićSubject(s): EU-Legislation
Published by: Pravni fakultet Univerziteta Union
Keywords: Precedent; Distinguishing; Overruling; Binding Force; Administration of Justice
Summary/Abstract: The Practice Statement of the House of Lords of 1966 posed the principle for the use of precedent in English law. The European Court of Human Rights developed its own stance on the authority of precedent in various judgments. The positions of the two jurisdictions on the issue are substantially the same. The precedents are to be followed and their authority is binding for the courts.
Journal: Pravni zapisi
- Issue Year: 2017
- Issue No: 1
- Page Range: 5-19
- Page Count: 15
- Language: English