ABSTRACT

On the other hand, many scholars argued that it was merely a doctrinal fiction aimed to disguise the true role of the courts. Among lawyers, there have always been voices for recognition of judicial law-making as existing de facto. However, a significant number (perhaps, the majority) of Soviet legal theorists took the orthodox view. They contended that judicial law-making might result in judicial arbitrariness and threatened to undermine the supremacy of legislative bodies and the laws enacted by them.