Judicial error: concept and legal regulation

The study is focused on the issue of judicial error as a concept and legal category. Starting from the constitutional text, in which the notion of “error” is attested, and the legislation that develops it, an attempt is made to clarify its meaning, taking into account the lexicographical explanations from explanatory dictionaries and those of legal terms. The main conclusion is focused on the idea that the judicial error, which includes in itself the error of fact and law (even if only one of them), can be admitted as a result of the violation of material or procedural rules, which denotes that it essentially represents an action/ illegal inaction.

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Publication Details

Published
2024-10-01
DOI
https://doi.org/10.59295/ssdoed2024.24
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

Judicial error: concept and legal regulation

Iacub Irina
Education, Law, and Society
article

Judicial error: concept and legal regulation

Iacub Irina
article en

Abstract

The study is focused on the issue of judicial error as a concept and legal category. Starting from the constitutional text, in which the notion of “error” is attested, and the legislation that develops it, an attempt is made to clarify its meaning, taking into account the lexicographical explanations from explanatory dictionaries and those of legal terms. The main conclusion is focused on the idea that the judicial error, which includes in itself the error of fact and law (even if only one of them), can be admitted as a result of the violation of material or procedural rules, which denotes that it essentially represents an action/ illegal inaction.

Peace, Justice and strong institutions
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Education, Law, and Society
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Judicial error: concept and legal regulation — Iacub Irina · (2024) | TGRS Research Map | TGRS