The Supreme Court and the Lack of Stated Reasons for Leave to Appeal
DOI:
https://doi.org/10.33344/vol16iss2pp58-80Keywords:
procedural law, Supreme Court, stating reasons for leave to appeal, obligation to state reasons, fundamental rights, Court of PrecedenceAbstract
The Supreme Court exercises judicial power as the final instance in civil and criminal matters and supervises the judicial procedure within its field of competence. This article focuses on the Supreme Court’s practice of not giving reasons for its decisions to allow or dismiss applications for leave to appeal. In particular, the article examines whether the Supreme Court should give reasons for its decisions on applications for leave to appeal. The article tackles in a detailed manner the issue of not giving reasons for decisions to grant leave to appeal. The article argues that at the very least, decisions to dismiss appeals should be given reasons generally based on the accepted grounds of statutory interpretation, such as the wording of the law, respect for the general law, legal analogy, systematic interpretation, and the interpretation of the law in accordance with fundamental rights.
