& disadvantages of following the practice of precedent in a legal sense. Answer:- The doctrines of binding precedent is concerned with the importance of case laws in English legal system. If one case has decided a point of law then it is logical that solution will be looked at in the future. The American Judge‚ Oliver Wendell said ‘the life of the law has not been logic it has been experience’‚ Miles Kingston put it another way: binding precedent means ‘A trick which has been tried before successfully’
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Judicial Activism Vs. Judicial Restraint The debate between Judicial Activism and Judicial Restraint really grabbed my attention. Judicial Activism and Judicial Restraint are two different ways to interpret the constitution and its laws. Both interpretations have their own strengths and weaknesses‚ which is why it is so hard to come to a final decision of which is acceptable and which is not (in most cases). While at the debate I didn’t realize how many cases have boiled down to these two concepts
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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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Judicial Decisions.The effective law making process of modern Malaysia Table of Content Introduction Malaysian Judiciary Judiciary Administration Law Making Process … … Conclusion Introduction History of Malaysian Law Different countries practices difference types of legal system. Some country practices one type of legal system while other practices the mixed legal system which means a combination of two or more legal systems. Malaysia for example‚ practices the mixed legal system which
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1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled
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Copyright and Fair Use Laws Effects of Copyright and Fair Use on Educators Melissa Osuna National University “The power of technology is a two-edged sword…” (Roblyer & Doering‚ 2010‚ p.20)‚ with an infinite amount of easy-access resources available online‚ copyright and fair use laws or more important that ever. The availability of online periodicals‚ full-texts and others resources is increasing drastically‚ and its imperative to make sure teachers
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as being the weakest branch of government. I will outline my reasoning for this an explain why I‚ personally‚ believe that Judiciary is not the weakest branch of government. Before I began to explain my reasoning behind this‚ it is important to look at the other branches of government and delineate why judicial is not the weakest. I will be referring to the legislative branch‚ the executive branch and the judicial branch in order to get a better understanding of each branch of government. The government
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into the trap of the devil and be subdued by him. A real truth-seeker can not be held under bondage for long. When he discovers the truth‚ he becomes free. The devil tried to make Jesus Christ do his bidding by inflating his ego and quoting the Scriptures. This was in order to enslave Him and make Him bow before him. If Jesus had taken them to be Scriptures and obeyed them‚ He would have played into the hands of Satan to obey him and bow before him. If he had obeyed the Scriptures
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Acknowledging‚ Paraphrasing‚ and Quoting Sources When you write at the college level‚ you often need to integrate material from published sources into your own writing. This means you need to be careful not to plagiarize: “to use and pass off (the ideas or writings of another) as one’s own” (American Heritage Dictionary) or‚ in the words of the University of Wisconsin’s Academic Misconduct guide‚ to present “the words or ideas of others without giving credit” (“Plagiarism‚” ¶ 1). The University
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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