Felix Thrun: Rechtsfortbildungsgleichheit, Kartoniert / Broschiert

Klappentext

'Judicial Law Development under the Principle of Equal Treatment': The further development of the law through judicial law-making has long been understood as a responsibility of the judiciary. However, it remains uncertain whether this role can be reconciled with the rule of law. The general principle of equality, to which the courts are bound under constitutional law, provides a legal foundation for judicial modifications that has thus far received little attention. This work presents a concept of judicial law development that relies less on traditional arguments and more on the complex constitutional obligations binding the courts.