DALMATIAN STATUTE LAW AND THE QUESTION OF DENYING JUDICIARY AND RIGHT

• Main Author: Željko Radić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2008-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: statutes; statutory law; denying judiciary and right; subsidiary legal sources; hierarchy of legal sources
• Online Access: http://hrcak.srce.hr/file/49609

In this paper, it is shown that Dalmatian statute law in principle did not allow the possibility of denying judiciary (i.e court proceedings) nor right (i.e court decisions) upon observation of lack of legal foundation for making a court decision or because of judge/s’ priori belief in a lack of legal grounding for the lawsuit. Similarly, denying right (i.e court decisions) was not allowed with the excuse of unclear regulations or factual questions. In general, the position of Dalmatian statutes was often shown indirectly in the formula of judges’ oaths that proceedings would always commence when such was requested in the prescribed way, and that they would be meritoriously completed with either a conviction or an acquittal. The judgement had to be founded fi rstly on statutory regulations and, in the absence of such, on subsidiary sources which were often divided according to a strict hierarchy.