Evolution of the Judicial Precedent in the Common Law Countries

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 , Department of Theory of Law and Comparative Law, Faculty of Law, National Research University Higher School of Economics

Professor,  Doctor of Law

Published
2010-01-24
How to Cite
Bogdanovskaya I. (2010). Evolution of the Judicial Precedent in the Common Law Countries . Law Journal of the Higher School of Economics, (2), 75-87. Retrieved from https://law-journal.hse.ru/article/view/20608
Issue
No 2 (2010): Право. Журнал Высшей школы экономики
Section
Law in the Modern World