Abstract
All the ways of expressing the content of the law are known in the specialized
literature under the name of sources or sources of the law, there being two
understandings of the term of source of law, namely: source of law in the material sense
known also as material or real source and source of law in the formal sense or formal
source. Judicial practice or jurisprudence is one of the formal sources of law. This is
defined as representing the whole of the judgments given by the courts of all degrees,
including the practical experience of the judicial bodies that apply the law to concrete
cases. Being prior to law as a source of law, jurisprudence did not have the same role in
the legal systems, its role and purpose being different from one historical era to another,
from one system of law to another. Thus, we will briefly discuss some aspects specific to
the jurisprudence in contemporary law, in Romano-Germanic law, in Anglo-Saxon law,
focusing more on the judicial practice in Romania, on those exceptional situations,
provided by the Constitution and other laws, which urge the reconsideration of judicial
practice as a source of law. In EU law, case law is accepted as a (complementary)
subsidiary source of EU law.
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