The norm defeasibility in decision-making process
Keywords:
Defeasibility, Discretion, Norm, Reasoning.Abstract
The present study has as scope the discussion of the norm defeasibility, which proves to be extremely relevant to the judge committed to the fairness of his decisions, as it aims to guarantee the possibility, in special cases and by proper justification (reasoning), to refuse the application of the legal norm that seems to be inadequate to the case under examination, even if it is formally subsumable to the rule. For the analysis and comprehension of the institute, examples of the homeland and foreign doctrines, and also jurisprudence of national courts were analyzed.Downloads
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