The Radbruch formula (German: Radbruchsche Formel) is a legal theory which was first formulated in a 1946 essay by the German law professor and politician Gustav Radbruch. According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if—and only if—the legal concept behind the statute in question seems either "unbearably unjust" or in "deliberate disregard" of human equality before the law.
The Radbruch formula (German: Radbruchsche Formel) is a legal theory which was first formulated in a 1946 essay by the German law professor and politician Gustav Radbruch. According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if—and only if—the legal concept behind the statute in question seems either "unbearably unjust" or in "deliberate disregard" of human equality before the law.
Source: Wikipedia "Radbruch formula" · CC BY-SA 4.0
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