Why Is the iura novit curia Principle Not Applied Yet in English Law?
Global Jurist, Volume 17, Issue 3, 20170010, DOI/10.1515/gj-2017-0010
22 Pages Posted: 22 May 2018 Last revised: 6 Jun 2018
Date Written: July 10, 2017
This article adopts a comparative approach to map a global context for the fundamentals of civil justice. In view of the acknowledged incomplete role of the EU regulatory framework in this respect, the article aims to discuss whether it would be useful and how it would be possible to find a shared space for civil justice, starting from the role of the judge to «find the law» as well as the notorious and universally recognised principle of «iura novit curia». Following this, the article recognises the commonalities in the role of the judge between civil and common law through the value of the constitutional principles. The aim is to understand the natural enforcement of iura novit curia also in English Law, notwithstanding the fact that this principle has been traditionally cast within the «public» civil procedural rules (rather than, by way of example, the «private» arbitration act).
Keywords: Claim, iura novit curia, Comparative Civil Procedure and Constitutional Law, Common-Law, Civil-Law
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