The relationship between precedent and other sources of law

  • BUI XUAN PHAI
Keywords: Precedent; customary law; legal documents; legal sources

Abstract

Precedent is an important source of law, which affects other types of legal sources and is also simultaneously influenced by these sources when other sourses are being  developed. The mutual influence between precedent and other legal sources is reflected in the following aspects: law making; implementation of the law, and the integration and adaptation of the law to the outside world. The mutual influence between precedent and legal sources takes place in two directions: impacting to promote values ​​and affecting to limit each other's roles, in which, impacting to promote each other's values occurs more commonly, especially in the current international integration conditions. In the context of the Vietnamese judiciary when precedents have been recognized, this relationship needs to be studied so that precedents as well as other sources of law really promote their value.

điểm /   đánh giá
Published
2024-03-01
Section
RESEARCH - EXCHANGE OF OPINIONS