Malyshev B. Judicial Precedent in the English Legal System (Theoretical Aspect).

The dissertation is devoted to the complex studies of theoretical aspects of judicial precedent's functioning in the English legal system. Historical origins of case law and approaches of modern English jurisprudence to the grounds of judicial law making are analyzed. The dissertation defines and describes main principles of English doctrine of precedent. As a result judicial precedent proved to be the core of the English legal system as it plays a decisive role in the development and functioning of the rest legal system's components. The author's point of view on definitions of ratio decidendi, judicial precedent and English case law is given. The structure and characteristic features of the aforesaid phenomena are established. Peculiarities of the interaction between statute and judicial precedent in the modern English law are discovered. Problems and perspectives of Ukrainian case law are considered.