The Judicial decision as a source of law

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Eslami Panah Ali

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Journal Paper

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Journal: Legal Research Year:2019 | Volume:21 | Issue:84 Page(s): 243-265

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Information Journal Paper

Title

The Judicial decision as a source of law

Author(s)

Eslami Panah Ali | Issue Writer Certificate

Keywords

Source of LawQ1

JudgmentQ1

Judicial decisionQ2

Plenary Assembly of the Supreme courtQ2

Case-LawQ1

Abstract

The rules derived from the opinions of judges that apear in their decisions, are called the "Case-Law". In the other words, the Judgment of courts is called Case-Law. In the Iranian legal system, there is two types of Judicial decision. The first, is a set of Judgments that is passed by the courts at any level, and the second, is the Judgment that is passed by Plenary Assembly of the Supreme court, relating to the resolving of the conflicts between the Judgments of the courts. In our legal system the first type of Judicial decisions is not the Source of Law but the second type are obligatory for all the courts in the similar cases, thus is the Source of Law. This second type of Judicial decisions is regarded as Source of Law. In this paper we criticize the Judgment as a Source of Law in the Iranian legal system.

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APA: Copy

Eslami Panah, Ali. (2019). The Judicial decision as a source of law. REVUE DE RECHERCHE JURIDIQUE, 21(84 ), 243-265. SID. https://sid.ir/paper/384229/en

Vancouver: Copy

Eslami Panah Ali. The Judicial decision as a source of law. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2019;21(84 ):243-265. Available from: https://sid.ir/paper/384229/en

IEEE: Copy

Ali Eslami Panah, “The Judicial decision as a source of law,” REVUE DE RECHERCHE JURIDIQUE, vol. 21, no. 84 , pp. 243–265, 2019, [Online]. Available: https://sid.ir/paper/384229/en

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