| Abstract [eng] |
Judicial Precedent in Lithuania: a Comparative Analysis of Legal Doctrine and Courts’ Case-Law The master's thesis, analyzing both significant legal acts, conclusions made by scientists in doctrine and interpretations provided in case law, analyzes the topic: “ Judicial Precedent in Lithuania: a Comparative Analysis of Legal Doctrine and Courts’ Case-Law ”. This topic is most revealed through the theoretical aspects of the interpretation of judicial precedent in scientific doctrine, i. analyzing the origin, historical development, and concept of judicial precedent. Also examining the practical peculiarities of the application of judicial precedent by revealing the formation and development of the doctrine of judical precedent in the practice of the Constitutional Court of the Republic of Lithuania, determining the peculiarities and problematic aspects of implementation and application of judical precedent in general practice, specialized court practice and and in the case law of higher and lower courts. The performed research allowed to formulate the main directions of precedent origin, development, formulation of the concept, the main provisions of the doctrine of judicial precedent in Lithuania formulated and developed in the rulings of the Constitutional Court of the Republic of Lithuania. The investigation also allowed to establish the rules of application of precedent formulated by the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania and to identify in which cases lower courts do not rely on the established precedents or apply them unreasonably. It can be stated that the research showed that judical precedent as a means of ensuring the formation of uniform court practice in Lithuania is not as effective as it could be. |
