| Autor: |
Víctor García Yzaguirre |
| Jazyk: |
Bosnian<br />English<br />Croatian<br />Serbian |
| Rok vydání: |
2021 |
| Předmět: |
|
| Zdroj: |
Eudaimonia, Vol 4, Iss 1 (2021) |
| Druh dokumentu: |
article |
| ISSN: |
2560-3663 |
| DOI: |
10.51204/IVRS_20402A |
| Popis: |
The purpose of the paper is to show that the introduction of exceptions in rules by judges is a manifestation of creative role of courts of law that can be explained as an act of defeating norms. In order to achieve this objective, I will carry out the following steps: i) I will formulate a distinction of normal and abnormal cases in order to indicate what type of cases the judges consider it justified to except a rule; and ii) I will present two types of analysis of the operations carried out by the judges to justify the defeat of a rule, the first one based on the idea of loss of applicability by the creation of a hierarchy between norms, and the second one based on the idea of modification of the scope of the norm. |
| Databáze: |
Directory of Open Access Journals |
| Externí odkaz: |
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