What is the importance of the rule of law and Judicial independence in British government? The rule of law in its most basic form is simply the principle that no-one is above the law. This ultimately means that‚ when combined with an independent judiciary‚ the law will be applied fairly to everyone in the area where that law is sovereign. In the U.K there have been many major developments in the Rule of Law and keeping the judiciary independent in order to keep the maximum level of justice‚ the
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will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English law? The hierarchy of the
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References: 1) Nuraisyah Chua Abdullah. Questions & Answers on Malaysian Courts‚ Statutes‚ Cases & Contract‚ Tort and Criminal Law. Selangor : International Law Book Services‚ 2010. print. 2) WorksafeVictoria.com. Victorian Work cover Authority: 20.5.2 Test for contract of service. Retrieved on 22 February 2012‚ from http://www1.worksafe.vic.gov.au/vwa/claimsmanual/default
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The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
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Aristotle? American democracy‚ primarily the American judicial systems was formed on the belief of justice. What is justice? How does Aristotle’s ideas on justice relate to the American Judicial system? The approach taken in this paper will focus on the similarities and differences between the two. Using Aristotle’s Nicomachean Ethics to discuss the relationship‚ this paper with show the ideas and procedures used to this day in our American Judicial System. Justice is a hard word to define. Each
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OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY SHOULD WE FOLLOW PRECEDENTS IN DECIDING
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LAW 2014 Exam Review Checklist CANADIAN LEGAL SYTEM Purposes of law – 1) To maintain the integrity of state boundaries‚ 2) To maintain law and order‚ 3) To protect citizens from each other‚ 4) To provide a civilized forum for resolving disputes between citizens. 5) To protect citizens from illegal or oppressive government action 6) Provide a civilized forum for resolving disputes between citizens and government 7) Establish and maintain standards relating to areas such as health‚ education
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advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions
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CRIMINAL JUSTICE REVIEW FOR FINAL 1) Three strikes and you’re out… legislation in California has a negative effect it didn’t deter crime it didn’t help anything 3 felonies and you earn a life sentence. 2) The get tough stance against criminals presumed that crime will decrease. 3) Habitual Offender laws target criminals with three or more felony convictions. 4) Radical trials of the 60s and how they challenged the courts? They did not respect the judges‚ they read papers during trial. 5) Three
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Doctrine of precedent is recognized in Indian legal system also. The main principles of doctrine of precedent as applicable in India are: 1. All inferior and subordinate court is bound by the decision of the High courts to which they are subordinate. Decisions of other High court are of only persuasive value for the subordinate court. Thus High court can bind only those inferior courts which are within their territorial jurisdiction. As for example district courts of Delhi are bound to follow the
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