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 ?
Besides, it stems from the judicial practice of the Supreme Court that FAS can reverse decisions of regional tariff bodies from the beginning of the regulatory period, during which an unlawful regulatory act was in force.
Due to differing actions, attitudes and their changes, as well as the uneven judicial practice of the courts in BiH, former detainees, the Association said, continue to experience the torture with court judgements denying their claims for compensation of non-pecuniary damages due to alleged limitation period, and at the same time the victims are obliged to pay the costs of court fees and attorneys.
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.
During the meeting, Hariri commended the efforts exerted by Sakr in the judicial practice, praising his professional performance to preserve the independence of the judiciary and the implementation of law.
This piece would not be possible without the help of the Federal Communications Bar Association's Judicial Practice Committee and the Journal's student community.
126) But the overwhelming majority of judicial practice consists of deciding cases.
Through the UK Embassy we have so far implemented several projects relating to the judicial practice bearing in mind the characteristics of the British judicial system, their legal traditions and culture," Minister Xhaferi said.
In continuation of this work on August 27, 2004, institute of reconciliation was introduced in law-enforcement, judicial practice, and now this legal mechanism effectively acts.
The problem with the use of Albanian language is in the judicial practice regarding notary and advocacy, which are very sensitive areas regarding the practical use of languages, therefore this should be seriously considered and reviewed", stressed Mehmeti, adding that it is illogical Albanians to graduate on Albanian language, but take the final state exam in Macedonian language.
Realizing that this alteration in judicial practice will upset a vast array of citizens' expectations, she "counsel[s] a gradual transition back to a fully objective application of the relevant law" (p.
If so, could it be that the key to liberalizing judicial practice today is to attach shame to excessively punitive decision-making patterns, thereby also instilling guilt into judges whose decisions have actively contributed to the rise of mass incarceration?
Sheikh al-Alawi confirmed that the court received a great deal of the Royal attention and care of His Majesty the Sultan for the judicial system in the Sultanate as the court was planned to be an independent and separate from the ordinary justice stemming from the wise leaderships keenness in the existence of specialization in the settlement of administrative disputes in a manner that established specialization in judicial practice and ensure speed in the judicial procedures to achieve prompt and swift justice.