INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
Premium Law Common law Case law
Question 6 Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when they apply case precedents. It also provides
Premium Stare decisis Common law Precedent
INTRODUCTION The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State‚ the Executive‚ Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution‚ which is the supreme law of the land. According to Article 38 of the Constitution‚ “there shall be a Parliament of The Bahamas which shall consist of Her Majesty
Premium Law Court Appeal
Influences on Judicial Power Under Article III of the Constitution the judicial branch was established‚ but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78‚ Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review
Premium Separation of powers Supreme Court of the United States
1st National Law & Governance Essay Competition Judicial Accountability Bill – Needs “Power tends to corrupt a man‚ and absolute power corrupts man absolutely.” -Lord Acton In India Government has basically three organs with itself that is the Legislative‚ Executive and Judiciary at its both State and the Centre level and there is a separation of power among the three which means the functions of the Government bodies
Free Separation of powers Law Judge
gone‚ many things have lost it is original intent‚ specifically the subject of the judicial review system‚ better known as judicial activism. The original intent of the Supreme Court was to accurately define what the law is. Meaning‚ that judges act as interpreters of the law‚ when the legal philosophy‚ or its application‚ is confusing. Judicial activism is the term used to define judges acting as lawmakers. Judicial activism violates the balance of powers set out in the state and federal Constitutions
Premium United States Constitution Supreme Court of the United States United States
There are three main types of judicial philosophy which is conservative‚ liberal‚ and moderate; this field is the metaphysical standpoints employed by judges to interpret laws. Theses recounts to the United States Supreme Court and the US courts and how the honesties and also the judges who work in those courts apply their belief systems. Judicial philosophy is extremely important because they decide which judges are agreed to unique court arrangements. Despite the fact that few judges observe to
Premium Law Judge Separation of powers
JUDICIAL SYSTEM OF PAKISTAN Judicial System of any country plays a vital role in her progress and in smooth running of state functionaries. All the developed countries of world have a well established and smooth running judicial system. Their courts are doing the justice irrespective of caste‚ living standards‚ official status of citizens and the individual powers. Even the most poor have the confidence in their courts and unbiased decision of courts are in fact a sword over the head of criminals
Free Law Judge
Branch‚ and the Judicial Branch. It is widely argued that the framers of the Constitution used this specific order to show the branches in which they thought to be of most and least importance. This examination
Premium Separation of powers United States United States Constitution
In American Constitutional thought‚ it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time‚ but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable‚ however‚ that a completely independent judiciary is impossible in a democratic society. To some extent‚ the general populace plays
Premium Law Separation of powers Judge