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How Does Case Law Shape Civil Law Systems? An Analysis of Spanish Administrative Courts.
- Source :
- Liverpool Law Review; Apr2024, Vol. 45 Issue 1, p1-23, 23p
- Publication Year :
- 2024
-
Abstract
- The paper explores the use of case law by Spanish administrative courts. Based on a database of 2964 sentences, a content analysis captures the integration of case law into the legal basis of court rulings. Even though case law is not listed as a source of law in the Spanish legal system, courts follow case law from either the same sentencing court (self-referential pattern) or higher courts (hierarchical pattern). The results of a logistic regression analysis point to a higher level of regulatory complexity and the configuration of the appellate procedures as incentives to integrate higher courts' case law. [ABSTRACT FROM AUTHOR]
- Subjects :
- JUDGE-made law
ADMINISTRATIVE courts
LEGAL judgments
JUSTICE administration
Subjects
Details
- Language :
- English
- ISSN :
- 0144932X
- Volume :
- 45
- Issue :
- 1
- Database :
- Complementary Index
- Journal :
- Liverpool Law Review
- Publication Type :
- Academic Journal
- Accession number :
- 175530693
- Full Text :
- https://doi.org/10.1007/s10991-023-09325-x