Ananiev, Jovan and Denkova, Jadranka (2021) Some aspects of the analytical method for research of court decisions. Knowledge, International journal, 49 (5). pp. 1045-1052. ISSN 1857-923X /2545-4439 (Online)
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Abstract
Abstract: In order to conduct a proper research of court decisions, which should help in the research of the quality
and adequacy in the actions of the courts in relation to a certain legal issue, it is necessary to have an analytical
approach in the research of the court decision. This approach needs to be based on indicators that are
methodologically developed and applicable to court decisions in various legal areas. In this paper, the indicators of
the analytical approach are elaborated and methodologically explained. Recommendations are given for analysis of
the structure, coherence, legal logic, quality of the explanation, relevance of the legal norms, adequacy of the facts
and evidence and clarity of the language. The paper also provides recommendations for analyzing the uniformity of
court decisions with the Macedonian case law and the case law of the European Court of Human Rights and
provides an overview of the need forlegal uniformity and the Macedonian legal framework related to the legal
uniformity.
Keywords: methodology, legal analysis, legal logic, argumentation, uniformity, case law.
| Item Type: | Article |
|---|---|
| Subjects: | Humanities > Other humanities |
| Divisions: | Faculty of Law |
| Depositing User: | Jadranka Denkova |
| Date Deposited: | 10 Feb 2022 12:25 |
| Last Modified: | 10 Feb 2022 12:25 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/29309 |
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