INTRODUCTION This paper is set to advise John Phiri on the best possible action to take in relation to redress in the courts of Law. In due course‚ this paper will attempt to demonstrate why the said action is the best under the prevailing circumstances. This paper will also employ relevant legislation and authorities and draw a conclusion to elucidate this fact. CONTROL OF ADMINISTRATIVE ACTIONS To fully advise John‚ it is important to note that administrative actions emanate from public authorities
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Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
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the ordinance power is clearly intended. • The size of government has caused Congress to delegate more and more discretion to the President and presidential subordinates. * The Appointment Power • With Senate consent‚ the President names most of the top-ranking officers of the Federal Government‚ including: (1) ambassadors and other diplomats; (2) Cabinet members and their top
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Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by
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canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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UNIT 3 ESSAY: THE FOURTH BRANCH OF GOVERNMENT Norma Rogers January 4‚ 2011 Kaplan University Dr. Warren PA165-01 The Fourth Branch of Government It has been taught since elementary school that the United States government consists of three branches‚ including the Executive‚ Legislative‚ and Judicial. However‚ in those early days‚ there were no lessons on the influential fourth branch of government that operates alongside the other three and plays a central and increasingly
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Introduction: Judicial 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 ie‚ 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 law.
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