Evolution of the Judicial Precedent in the Common Law Countries

DOI: https://doi.org/10.17323/2072-8166.2010.2.75.87
Keywords: new common law, judge-made law, principle of precedent, persuasive precedent, precedent, common law

Abstract

The article presents analysis of judicial precedent in common law legal family, treats its distinction from judge-made law in Roman-German legal family. Author makes conclusion about general trends in interaction of statute and judge-made law in both legal families as display of theirs natural convergence.

Author Biography

Irina Bogdanovskaya, Higher School of Economics

Professor, Department of Theory and Comparative Law, Faculty of Law, State University - Higher School of Economics, Doctor of Law. E-mail: bogdanovskaya@hse.ru

Published
2010-01-24
How to Cite
BogdanovskayaI. (2010). Evolution of the Judicial Precedent in the Common Law Countries. Law Journal of the Higher School of Economics, (2), 75-87. https://doi.org/10.17323/2072-8166.2010.2.75.87
Issue
No 2 (2010)
Section
Law in the Modern World

Copyright (c) 2010 Law Journal of the Higher School of Economics

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