“JUDICIAL LAW-MAKING AS A TOOL FOR THE DEVELOPMENT OF LAW AND ENSURING LEGAL CERTAINTY”
Date: February 3, 2024
General Problem Description:
The modern European and global legal systems hinge on the active involvement of national and international courts, transcending their traditional role as mere enforcement mechanisms. In navigating the complexities of vague and contradictory legal norms, courts play a pivotal role in interpretation, gap filling, and rectifying flawed legislation. Supreme courts, in particular, shape stable judicial practices, compelling lower courts to align with their approaches. The intensity of this law-making activity varies across countries and legal fields. In contemporary private law, courts often find themselves at the forefront of legal development. This phenomenon extends beyond common law jurisdictions to include countries like Germany, Switzerland, the Netherlands, which, despite not embracing formal precedent, engage in substantial law-making through judicial practice.
This open lecture will delve into the theoretical and practical dimensions of judicial law-making, exploring its inevitability, the diverse forms and methods through which courts contribute to legal development, and the intricate challenges associated with this dynamic process.
Artem G. Karapetov – Doctor of Law, Director of the M-Logos Law Institute, Editor-in-Chief of the Bulletin of Economic Justice of the Russian Federation