JUDICIAL INTERPRETATION OR JUDICIAL RULE-MAKING?

Year: 
2017

Article:

Issue: 
3

Author(s): 
Kuchin Mikhail
Abstract: 

The article studies different points of view of judicial rule-making which exist in jurisprudence. Basing on the analysis of recent changes to the legislation and on judicial practice the author comes to a reasonable conclusion about the legislative regulation of higher judiciary rule-making in the Russian Federation and also about the delimitation of spheres of judicial rule-making and judicial interpretation.

Key words: 

interpretation, rule-making, judicial practice, theory of law, sources of law

Text of the article: 
English