THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
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1 1984 and Nationalism Thesis Statement: In “1984” George Orwell portrays a society derived from several forms nationalism‚ which has one point – to isolate the individual citizen to achieve unwavering allegiance to the Party. However‚ Orwell reveals the mechanisms of nationalism are not just to forge submission to the Party but rather to eradicate any other allegiances that would distract from the Party’s agenda. George Orwell‚ in his novel “1984”‚ invents an authoritarian future society that
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else. This is common place. This constant‚ yet very subtle‚ barrage of American nationalism is an understood part of American society‚ because‚ well‚ America is the greatest country in the history of the world and we deserve to say that‚ right? American nationalism seems to be its very own breed of nationalism‚ perhaps even akin to Nazi Germany nationalism. Now‚ most Americans could probably not tell you what nationalism even means‚ however‚ they could give you a basic definition of patriotism‚ because
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Santiago‚ Joanne C. 2SCL A Solution for the Filipino Youth who Lack Nationalism and Patriotism One of the factors that contributed to the difficulty of solving national issues in the Philippines (today) is the absence of nationalism and patriotism in the hearts and minds of the Filipino youth. According to Benedict Andersen in a thesis presented by April Herrera and Jayvee Robias (2010)‚ nationalism is on the verge of crossing its boundaries and it is not only confined to the nation state
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of the Republic. Nobody was happy with their situation. The Patricians wanted to keep their power and not give anything up to other civilizations or even people of their own society. However‚ this created a lack of resources and opportunities for the Plebeians‚ who then caused turmoil for the Patricians. Their solution was to redistribute land and wealth to the poor people‚ but the lack of cooperation eventually led to the downfall of the system. There are many parallels between the Republic and today
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Spanish nationalism - is the nationalism asserts that Spaniards are a nation and promotes the cultural unity of Spaniards. It has been typically been closely tied to the conceptions of a Castilian-based culture. The Castilian language became the Spanish language. Other expressions of Spanish nationalism have included pan-Iberianism and pan-Hispanism. The origins of Spanish nationalism have been claimed to have begun with theReconquista - beginning with the victory of Catholic forces against Muslim
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was the one who translated Geometry from English to Burmese. My grandfather‚ himself was the activist in colonial period that sacrificed his left leg for the country. Because of my ancestors and the way I was educated‚ I am positively sure that Nationalism is in my blood. My ancestors had been living and passing bloodlines in Mandalay. It becomes a part of my life not only as hometown but also as something to be proud of. The education that Government provides in Myanmar is making history of Myanmar
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DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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