Knowing and Discerning Valid Judicial Precedents from rescinded one | ||
| مجله علمی "حقوق خصوصی" | ||
| Article 7, Volume 9, Issue 2, February 2013, Pages 181-204 PDF (259.52 K) | ||
| Document Type: Research Article | ||
| DOI: 10.22059/jolt.2013.35164 | ||
| Author | ||
| Eqbal Ali Mirzaee* | ||
| Ph.D | ||
| Abstract | ||
| In modern legal systems there are a variety of sources of law. Judicial precedent is one of the legal sources; thus, precedents of Supreme Court, like enactments of parliament, are enforceable in courts. This similarity between precedents and acts impose many problems as role of Supreme Court in interpretation of laws. But the most important problem is the possibility of changing previous precedent by posterior one. In our legal system legislator has provided Supreme Court from such changes. Whereas, such act seemed to be conflicting with legal principles and constitutional law; general assembly of Supreme Court cannot conflict enactments of parliament but it can change its previousprecedents. Also legislator, by enacting laws, can rescinded judicial precedents; because, in hierarchical ordering of legal rules, precedents are inferior to enactments. So if judicial precedent conflict by law will be revoked. | ||
| Keywords | ||
| Legal sources; law; Judicial precedent; Supreme Court; changing | ||
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