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ID number:772310
 
Author:
Evaluation:
Published: 09.07.2010.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

6) What are the main differences between the precedent law and judicature?
The main differences between the law and case law are the following: Precedent for the main feature is judges obligation to read the case, taking into account the higher judicial instances of previous judgements and justify a paragraph of his ruling in the present case with those earlier judgements. But in the judicature is allowed judges to base judgements only with external laws and regulations or the general principles of law or customary law. Previous court rulings the judge serves as an auxiliary.
How the judgements of the ECJ can be used – as judicature or as a case law?
Judgements of the ECJ can be used as judicature.

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