Moral and Legal Update of Landmark Decision in Judicial Activism Perspective
Keywords:Judge’s decision, rechtsvinding, landmark decision.
The essence of the main duties of a judge is to receive, examine, try and decide cases submitted to court.
In carrying out their duties, they often face concrete events that must be decided, while the existing laws
and regulations are not necessarily complete and clear. Therefore, judges in deciding cases can carry out
rechtsvinding. Legal finding (rechtsvinding) is also an important component in landmark decisions because
it is related to the breakthroughs made by judges in carrying out their duties. In the perspective of judicial
activism, rechtsvinding and landmark decisions are closely related because in practice they can significantly
change the existing norms in modern law.
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