JUDICIAL LAW-MAKING AS A NECESSARY ELEMENT OF THE COMPETITIVENESS OF THE JUDICIAL AUTHORITY IN UKRAINE
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 1
Abstract
This article deals with judicial law-making as a necessary element of the independence of the judiciary in Ukraine through the prism of discretionary powers of the court, which are implemented by the latter on the principles of the rule of law. On the basis of the analysis of the phenomenon of judicial law-making, it is proposed to divide it into types, and the mechanism for preventing the arbitrariness of the court in its implementation. The study found out that judicial law-making is the element of the judiciary independence in Ukraine, which affects the balance of government branches in the context of the mechanism of checks and balances.
Authors and Affiliations
Oleh ANISIMOV
Keywords
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