| Article | On Determining Legal Nature and System of Principles of Judicial Law |
|---|---|
| Authors |
Gorodovenko V.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 3 / 2015 |
| Pages | 42 - 52 |
| Annotation | The article describes theoretical background of judicial law. Arguments for methodological basis for existence of the branch of law are presented. The concept of judicial law, dialectical unity of principles of judicial power, principles of justice, principles of civil, criminal and other forms of justice are studied. Their common and general features are substantiated. The principles of judicial power and principles of justice have been analyzed; the statement on their genetic unity is substantiated. Judicial law as an independent branch of law is based upon the following principles: a) normative, as it asserts the existence of a relevant branch of law regulating organization and functioning of justice; b) institutional, which is based upon the concept of separation of powers, according to which judicial power is one of the branches and acts as a state authority vested with powers to resolve legal disputes; c) independence of judicial power, involving not only the right of the court to implement legal rules, but to make them. The principles of judicial law combine features of principles of judicial power as well as principles of justice, embody fundamental ideas and provisions of essence of the law as a specific social regulator. The notion of justice is unifying for the principles of judicial law. The «generality» of judicial law principles as fundamental principles with specific ways of implementation in relevant institutional procedural institutions is examined. |
| Keywords | court, judicial law, judicial power, justice, principles of judicial power, principles of justice, principles of judicial law. |
| References | |
| Electronic version | Download |