Precedent Ideology and Judicial Legitimacy in Slovenia – An Outline
Precedent Ideology and Judicial Legitimacy in Slovenia – An Outline
Author(s): Tilen Štajnpihler BožičSubject(s): Evaluation research, Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: judicial precedent; case-law; rule of law; judicial legitimacy; precedent ideology; legal culture;
Summary/Abstract: Within the broader framework of the discussion of the potential of judicial precedent for statutory legal systems, this paper focuses on certain sociological aspects of the role a system of judicial precedent can have in the functioning of a judicial system. Proceeding specifically from the Slovenian legal context, the paper outlines the importance of openly and explicitly cultivating a commitment to a system of judicial precedent or unified and settled case-law in legal discourse, on the level of legal culture or ideology. It is argued that acknowledging the manner in which a system of judicial precedent can contribute to the rule of law has the potential to increase public trust and confidence in the judiciary and thus judicial legitimacy.
Journal: Studia Iuridica Lublinensia
- Issue Year: 27/2018
- Issue No: 1
- Page Range: 143-156
- Page Count: 14
- Language: English