THE ISSUE OF BINDING VALUE OF PRECEDENT CASES IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS1
Abstract
Legal value of previously established case-law and reasoning principles thereof are still under discussion, even there are deep-rooted traditions on this issue in several legal systems. The binding value of previous decisions, indeed a problem all high courts al over the world, has been elaborated differently in each legal system. In this study, the practice of the European Court of Human Rights is taken under consideration in respect of value of the previous judgments. The Strasbourg Court, in addition to its original concepts, applying principles either derived from the continental law or the common law, has taken an ambiguous attitude on this issue. Therefore, some suggestions are put under consideration in respect of practice and the possible amendments to the text of the European Convention on Human Rights in order to maintain equal treatment of cases and to clarify the position of the Court.
Keywords
Ayrıntılar
Birincil Dil
İngilizce
Konular
Hukuk
Bölüm
Araştırma Makalesi
Yazarlar
Dr. Bahadır Kılınç
Bu kişi benim
Yayımlanma Tarihi
29 Haziran 2016
Gönderilme Tarihi
30 Haziran 2016
Kabul Tarihi
-
Yayımlandığı Sayı
Yıl 2016 Sayı: 7