Lecture + Workshop 1 Flashcards
Formal Justice
Legal norms
Material Justice
Who belongs to with category
Contrary
Child car/Less agreement
Analogy
A fortiori
From stronger to weaker
Instrumental Interference
From ends to means. Bus ticket or doctor obliged to give a pill to save a life.
Sources of law
National: Constitution and Law acts
International: Int. Agreements, Common Law, Resolutions.
Transnational: Human Rights and EU Law.
Common Law
Ratio Decidendi
where the decision is made and which principle can be applied in the future.
Obiter dicta
Where the consideration to specific case. No biding for the future.
International Law
Peremptory Norm
Accepted as a whole norm. Can’t be derogated. Ex: Prohibition of aggression or Prohibition of genocide.
Transnational Law
EU Law
Preliminary Ruling
Supervision of the EU Law application and its good interpretation by the Court of Justice.
