Master'sOpen Access

Theoretically creation of law by judge

2019
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Advisor: Prof. Dr. Sururi Aktaş

Abstract (EN)

It is impossible for the legislators to make perfect laws in legal systems. In dynamic social circumstances, it is not possible to envisage all kinds of disputes that may arise beforehand. Thus, the judges, who are under the obligation to resolve the disputes, need to create law. The aim of the thesis is to examine the judge's authority to create law from a theoretical and philosophical point of view in the context of the question of how to fill the gaps in the law, which arise due to the failure of lawmakers to produce solutions to all kinds of disputes. For this purpose, the thesis seeks to explain the legal gap which is a prerequisite for the creation of law in terms of the theoretical opinions about the creation of the judge's law and the appearance of the creation of judge's law in different legal systems.

Author

Dr. Tuba Dilşat Karataş

How to Cite

Tuba Dilşat Karataş (Master Thesis). Theoretically creation of law by judge, 2019, Erzincan Binali Yıldırım University.

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