What Are The Functions Of The Judiciary
Judiciary is a branch of the country 's government that is responsible for the administration of legal proceedings with the judicial powers vested in them. The systems of court consist of independent judges where there are no external or political influence regarding its decisions. Judiciary will function through the administration and interpretation of laws for its cases with the doctrine of precendents where lower courts in the same hierarchy are bounded within the prescribed limits by prior decisions of superior courts if its cases are similar in nature. Superior court constructs statutes that are interpreted and compulsory to be applied in all lower courts according to doctrine of precedent. The constructions of Act are subjected to the scrutiny of the judicial review in the appellate court. Doctrine of precedent helps to achieve two objectives of the legal order, which is maintaining stability of law, and secondly ensure the development of laws. The precedent contributes in stabilizing the law through ensuring maintenance of a regime of stable laws. This stability gives predictability to the law and affords a degree of security for individual rights. Development of law is ensured through the law which develops only in accordance with the changing awareness from the society which therefore bring more accurate reflects from the morals and expectations of the society. The doctrine of judicial precedent helps in giving a source of guidance to the lower courts so that the interpretations of the statutes are applied consistently and in uniform
Stare decisis which means “to stand by things decided” is a fundamental basis for doctrine of precedent as it dictates that superior court judge decision’s should be bounded by all lower courts in the same hierarchy as the same ratio as it maintains consistency. The principle of stare decisis also builds its principle as when a decision of a court in a different hierarchy may be considerable weight but will not be binding
Stare decisis which means “to stand by things decided” is a fundamental basis for doctrine of precedent as it dictates that superior court judge decision’s should be bounded by all lower courts in the same hierarchy as the same ratio as it maintains consistency. The principle of stare decisis also builds its principle as when a decision of a court in a different hierarchy may be considerable weight but will not be binding
Bibliography: Kelly D. and slapper G. (2006), The English Legal System Eighth Edition, Routledge Cavendish, p. 17, 75, 95, 221-222, 225-228