Judicial Practice

Judicial Practice

 

(1) The activity of the courts with respect to the application of the laws in the resolution of specific cases.

(2) A tendency in the court’s resolution of certain categories of cases, a tendency that takes into consideration the court decisions, primarily by the higher courts, that have acquired the force of law. Judicial practice contributes to uniformity in the courts’ application of the laws. In the USSR, the directives of the plenum of the Supreme Court of the USSR and the plenums of the supreme courts of the Union republics generalize the experience of all courts, give concrete expression to individual norms, and provide instructions to courts on the proper understanding and application of the laws. They also note, through reference to specific cases, the errors of the courts in the resolution of these cases. Pursuant to such instructions, courts throughout the USSR apply the laws in a manner consistent with the laws’ interpretation by the Supreme Court. Judicial practice plays an important role in the improvement of legislation: as the courts apply the laws, they thereby ascertain the efficacy of existing norms and reveal the gaps, contradictions, and other shortcomings in the legislation in force.

In several bourgeois states, judicial practice is regarded as a source of law and acts as the creator of new norms—for example, in the form of a precedent. In the resolution of a specific case, therefore, a court can cite a decision in an analogous case, as published in an official book of jurisprudence.

References in periodicals archive ?
In view of this, our conclusion must be that when it comes to the use of a softer drug like hashish, the prevailing public view appears to be to a great extent in conformity with prevailing judicial practice.
For the most part, he explains recent judicial practice as part of the reflexive judicial habit of supporting the government against claims of individual right.
The chapter reviews the judicial practice of rewriting insurance policies while professing to interpret the policies.
'If this is the case, then we would see who commits murder,' he went on to say, while referring to judicial practice in India that there life sentences are given with period of imprisonment.
The new program is aimed at achieving 4 main results, including an approach on improving the judicial system through measuring, analyzing and reacting on the social needs, participating of the society and authorities in increasing the confidence in judicial system, increasing independence, professionalism, uniformity of the judicial practice, introduction of the electronic justice and strengthening relationship of the judicial system with the public.
It examines past and present international legal instruments and documents; domestic law and policy in the US, Canada, Australia, Japan, the Netherlands, Belgium, and Italy, including their legislation, internal rules, national action plans, government reports and statistics, judicial practice, and materials by non-governmental organizations, as well as their implementation of the mandates of the international trafficking regime, common trends, variations, and the rights, status, and treatment of victims; and case studies of South Korea and Taiwan.
produced considerable scope of judicial practice. Below is a review of
"In the past judicial practice, no case, especially not one of the more important cases, wasn't initiated without politics getting involved.
The European Commission expects all judicial proceedings and institutions in the country to fully honor the principles of both national and international law, including the relevant judicial practice within the framework of the European Convention on Human Rights.
The decision to arrest them was unlawful according to normal judicial practice, which specifies that as soon as the arrest takes place, the prosecutors have to submit an indictment to the court in order to start proceedings."
Prominent legal experts from Kazakhstan acquainted the participants with good judicial practices in reviewing criminal trafficking cases, challenging aspects of proof in courts and tools to properly categorize crimes as well as effective ways to integrate international legal anti-trafficking tools into law enforcement and judicial practice.
The petitioner pointed out that while the recusal of CJP was based on the prevalent Judicial practice or his own view of the Constitution but the Constitution does not so insist.

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