The Fundamental Principles Of The Constitution Essay
Secondly, as an argument in favour of the rule, the courts specified in the creative and highly dynamic nature of judicial rights over with statutory, parliamentary law.
Considering the parliamentary purely volitional right as positivist, which together with the natural law is opposed to the right judgment, some researchers a priori based on the fact that where there are gaps in the law or there are no clear rules of conduct, the Court must necessarily to act as the supreme legislative power, forming at the same time its more dynamic and more life compared to statutory law.
Third, as one of the arguments in favour of the doctrine of the sovereignty of the Court and, accordingly, his "rule" in the law-making sphere, in the legal literature of recent years used the assertion that only the court, and no other public authority, including the Parliament, is capable of to really protect the rights and freedoms of citizens.
And fourth, as an argument, designed, on the one hand, to confirm the validity of such phenomena as the sovereignty of the Court, and on the other - to cast doubt on the admissibility of "law-making monopoly" of the Parliament, used postulated the idea that any monopoly in the including the…