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Title variants
The Grand Senate and established decision – making practise
Languages of publication
Abstracts
One of the respectable principles of the rule of law, which is directly linked to the civil process, is the principle of legal certainty. The essence of the principle of legal certainty is the predictability of the decision, which is also the basis for the existence and creation of established decision-making practice. In the presented contribution, the author identifies the institutes that contribute resp. have the potential to contribute to the development of established decision-making practice. The author is based on the premise that one of the tools that should contribute to the creation of established decision-making practice is the institution of the Grand Senate. By analysing the legislation itself, as well as selected decisions, it tries to analyse whether the theoretical and legal definition also finds its practical dimension, whether the Grand Chamber actually fulfils the role assigned to it in the system. Based on the performed analyses, the author concludes that the Grand Senate does not currently use the full legal potential. Based on this partial conclusion, then it tries to formulate conclusions to eliminate the identified shortcomings, while these should not consist in amendments or the need for a change in legislation, but in the rational interpretation and reasonable application of the law.
Keywords
Year
Volume
Issue
Pages
95 – 111
Physical description
Contributors
author
- Faculty of Law at Comenius University, Bratislava, Slovak Republic
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.cejsh-488961d2-ca1c-4d23-8d26-af2c82257058
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