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Judicial law-making in Russia and the USA: some theoretical and practical problems
- Authors: Tikhonova K.R.1
-
Affiliations:
- Russian State University of Justice
- Issue: No 1 (2024)
- Pages: 5-12
- Section: Theoretical and historical legal studies
- Submitted: 26.01.2026
- Accepted: 26.01.2026
- Published: 17.01.2024
- URL: https://journals.rcsi.science/2072-909X/article/view/375809
- DOI: https://doi.org/10.37399/issn2072-909X.2024.1.5-12
- ID: 375809
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Abstract
A comparative legal study of problematic issues related to judicial practice and judicial law-making in Russia and the USA was carried out. It has been established that judicial law-making is recognized as a source of law. However, the most problematic and controversial is the question of its place in the system of sources of law. The study revealed that in practice, within the Anglo-Saxon legal system, it is often difficult to clearly define the boundary between common law precedents and statutory interpretation. Based on the results of the study, it is concluded that the judicial precedent in the United States, as well as in Russia, from the point of view of integrative legal understanding, still refers to “non-law”.
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About the authors
Kseniya R. Tikhonova
Russian State University of Justice
Author for correspondence.
Email: kseniaromanovna@gmail.com
Senior Lecturer of the Department
Russian Federation, MoscowReferences
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