Komar P. The Role of Judicial Lawmaking in the Establishing of the Rule of Law Principle

This thesis is devoted to a comprehensive study of judicial lawmaking and its role in establishing the principle of the rule of law. This paper argues that judicial lawmaking is an important component in establishing rule of law principle as a guarantee for the majority of sub-components comprising it based on the presumption of the inalienable importance of justice in the final establishment and strengthening of law primacy. To prove that, this paper applies the basic forms and techniques of reasoning based on understanding of several logical categories, laws of critical thinking and on the basis of etymological analysis of the meaning of the word "assertion" and the meaning of construct "assertion of the rule of law”, taking into account the work of international institutions, in particular on the formulation of a checklist for assessing the rule of law in a particular state, and the legal positions of the ECHR.