Compelling courts to adhere to judicial principles when examining facts

The executive regulations for the methods of objection to judgments settled the controversy regarding the obligation to adhere to the principles of the Supreme Court, after it obligated, according to Article 40, to take into account the principles issued by it, and it takes the rule of the power of regulations in the necessity of ruling on it from lower courts, and with the presence of the binding legal text, the existing controversy ends. Regarding whether it is mandatory or not, which will contribute to raising the level of clarity and consistency of provisions with each other, especially with the existence of objective systems and judicial principles to fill the legislative void.


The legal advisor and lawyer, Rawan Nael Muammar, indicated that in the past, there was no explicit statutory text in the “public judiciary” stipulating the obligation to take all the principles of the Supreme Court, but rather those principles were taken by the case inspector as a matter of appeal, not as a matter of necessity, and therefore It is a discretionary authority for the judicial circuit to take it or leave it, but now, according to the operative part of Article 40 of the regulations, the judicial principles issued by the Supreme Court have become binding and take the rule of the power of systems in the necessity of ruling on them from lower courts.

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Muammar added that a distinction must be made between two terms in judicial work, which are decisions and principles, and the difference between them is great. The first is the orders issued by the Supreme Court against the court that issued the contested ruling. Here, it is trying the ruling to ensure its application and consistency with the legal and regular rules. As for principles, they are rules. And comprehensive foundations that can be measured against facts for which there is no legal text, pointing out that the principles come based on disciplined and carefully studied jurisprudence, in order to be applied to facts and cases for which there is no legal text, and in this case case precedents are taken, to help fill the legislative void. .

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