DOI: https://doi.org/10.36719/2706-6185/49/59-63
Mirzagha Yagubzadeh
Baku State University
PhD student
https://orcid.org/0009-0001-6350-2644
mirzaga.yaqubov@gmail.com
The Role of Unified Judicial Practice in Ensuring the Principle
of Legal Certainty
Abstract
The article provides an extensive analysis of the role of unified judicial practice in ensuring the principle of legal certainty, which is considered one of the fundamental pillars of modern rule-of-law states. Legal certainty requires court decisions to be stable, predictable and consistent, preventing different outcomes in similar cases. This strengthens public trust in the judiciary and creates a solid basis for the effective protection of human rights. The aim of the research is to study the theoretical and practical aspects of unified judicial practice in the Republic of Azerbaijan, with particular attention to the importance of the Supreme Court’s Plenum decisions and legal clarifications in ensuring consistency. The article examines the relevant provisions of national legislation, identifies existing gaps and contradictions in judicial practice, and analyses their impact on the principle of legal certainty. In addition, the paper refers to the case law of the European Court of Human Rights to assess how international precedent practice can be applied at the national level.
The research is conducted through a comparative analysis of normative legal acts, court decisions and the opinions of legal scholars. As a result, practical recommendations are presented for the development of unified judicial practice and the elimination of inconsistencies in court rulings.
Keywords: legal certainty, unified judicial practice, Supreme Court Plenum, precedent law, protection of human rights