DOCTRINAL SOURCES IN JUDICIAL PRACTICE: A COMPARATIVE PERSPECTIVE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 79)Publication Date: 2024-09-30
Authors : Protsiuk Oleksandr;
Page : 53-60
Keywords : legal doctrine; sources of law; Ukrainian legal system; common law; interpretation; precedent; analogy of law; judicial practice; Constitutional Court of Ukraine; separate opinions of judges;
Abstract
Introduction. The article examines the role of legal doctrine as a source of law in different legal systems, emphasizing its importance in judicial practice. It is established that in Ukraine, legal doctrine is primarily used for the interpretation of legal norms, filling legislative gaps, and applying analogies of law and legal principles. In such cases, doctrine serves as an auxiliary tool that ensures consistency in legal practice and contributes to the stability of the legal order. In common law systems (such as the United Kingdom and the United States), doctrine is often used to justify court decisions, review precedents, or expand their interpretation, which facilitates the dynamic development of the legal system.
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