The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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Methods: Conduct investigation in the branch through: • Request initial explanation from the branch manager regarding the issues that the branch is encountering‚ on the first day of branch visit. Requesting an explanation from the branch head is imperative before communication with anyone else in the company. The branch head is responsible for the overall performance of his branch and as a branch head‚ he should be held accountable for whatever issues his branch is facing‚ or at least he needs to
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that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule. Judicial reforms should‚ therefore‚ be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental
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Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving
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The Legislative Branch The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision‚ stop laws from being passed‚ and basically control all decisions the governments makes. The legislative branch‚ also called the congress‚ consists of the House of Representatives and the Senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated
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It established the precedent for the Supreme Court to rule on the constitutionality of laws‚ through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government‚ as well as firmly grounding the role of the Judicial Branch. To uphold the precedent already established in the United States by Federalists such as Washington and in fear of
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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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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Parasympathetic Dominants often use sleep to overcome energy losses following periods of sustained alertness. The Autonomic Nervous System • The sympathetic branch of the autonomic nervous system is responsible for functions that require focus and decision making. It’s the branch that speeds up when you need to go fast. It goes into high gear when an emergency situation requires quick thinking and reflexes‚ spurts of energy‚ hyper vigilance‚ and rapid heart rate - a need to “fight or flee fast”
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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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