THE PLACE OF PRECEDENT AND LEGISLATION AS SOURCES OF LAW IN LEGAL DOCTRINE

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

VAKILIAN HASSAN

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2018 | Volume:19 | Issue:58 Page(s): 57-81

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

3,402

Download:

Cites:

Information Journal Paper

Title

THE PLACE OF PRECEDENT AND LEGISLATION AS SOURCES OF LAW IN LEGAL DOCTRINE

Author(s)

VAKILIAN HASSAN | Issue Writer Certificate

Keywords

LEGISLATIONQ1

PRECEDENTQ2

JUDICIAL LAWMAKINGQ1

STATUTEQ1

COMMON LAWQ2

Abstract

This paper explains the status of jurisprudence and LEGISLATION as the main sources of law in COMMON LAW and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources has been recognized gradually due to relative advantages of both sources. It is maintained that JUDICIAL LAWMAKING can be deemed as complementary source of law alongside LEGISLATION. In practice, based on this premises, it is explained that in some jurisdictions, lawyers and legal scholars within written law tradition have recognized more important role of jurisprudence in their lawmaking process. Traditional views towards the role of the judges as mere interpreters of STATUTEs have changed and their constructive role in developing the legal system as lawmakers has been recognized. It is claimed that decentralized lawmaking (or law finding) system is more appropriate for liberty and market oriented economy. It is believed that judge made law is more efficient than LEGISLATION. In contrast, supporters of LEGISLATION emphasis on some values such as certainty, clarity and predictability of law making through LEGISLATION. Finally, it is suggested that status of jurisprudence within domestic legal system shall be reviewed by Iranian lawyers.

Cites

No record.

References

No record.

Cite

APA: Copy

VAKILIAN, HASSAN. (2018). THE PLACE OF PRECEDENT AND LEGISLATION AS SOURCES OF LAW IN LEGAL DOCTRINE. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 19(58 ), 57-81. SID. https://sid.ir/paper/225297/en

Vancouver: Copy

VAKILIAN HASSAN. THE PLACE OF PRECEDENT AND LEGISLATION AS SOURCES OF LAW IN LEGAL DOCTRINE. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2018;19(58 ):57-81. Available from: https://sid.ir/paper/225297/en

IEEE: Copy

HASSAN VAKILIAN, “THE PLACE OF PRECEDENT AND LEGISLATION AS SOURCES OF LAW IN LEGAL DOCTRINE,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 19, no. 58 , pp. 57–81, 2018, [Online]. Available: https://sid.ir/paper/225297/en

Related Journal Papers