Desirability of Regulative Function of Judicial Power

Abstract

The article presents the follow–up to a previous article which expounds the thesis that in all developed legal systems court judgments can be sources of general rules and standards that will constraint the courts, as decision–makers, and then, consequently, other legal subjects, even if they are not formally recognized as sources of law. In this article, the normative reasons in favor of performing the regulative function of the judiciary are first presented, with the most important ones being predictability and equality. It is then shown in which direction the regulative function could be performed by the judicial power of a typical continental system, if the judiciary, as a whole, accepts to perform it.