applied in similar cases. It is based on the maxim “stare decisis” which means stand by what has been decided. donoghue v Stevenson followed in grant v Australian knitting mills. The Ratio Decidendi (reasons for deciding) is the only binding part of a judge’s decision but how judges interpret this can vary thus changing the impact it can have on future decisions Other than ratio decidendi there can be other comments by judges‚The obiter dicta (things said by the way) here the judge speculate the
Premium Stare decisis Ratio decidendi Case law
UNIVERSITY OF NAIROBI FACULTY OF LAW XXX LLB II 2003 JUDICIAL REVIEW LECTURE NOTES JUDICIAL REVIEW Lecture 1 Judicial Review is the process through which an aggrieved person can find redress in a Court of Law. Judicial Review forms part of administrative law because it is the most appropriate way that an aggrieved party aggrieved by an administrative body can find redress. Reading Material 1. Brian Thompson – Text Book on Constitutional and Administrative Law 2nd Edition 1995. 2. Peter
Premium Administrative law Law Common law
Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982‚ the duty of Supreme Court justices was to interpret law‚ not took it upon themselves to make law. Nevertheless‚ the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did
Premium Supreme Court of the United States Law Judge
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
Judicial review is the process in which the judicial branch of the government‚ the supreme court‚ reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed
Premium Law United States Separation of powers
............................................................................................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ........................................................................................................... 4 The District Court
Premium Common law Stare decisis Precedent
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
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 are independent of each other and separated
Free Separation of powers Law Judge
“there shall be a Parliament of The Bahamas which shall consist of Her Majesty‚ a Senate and a House of Assembly”. Pursuant to Article 52 (1) of the Constitution‚ “Parliament may make laws for the peace‚ order and good government of The Bahamas”. In this jurisdiction‚ laws passed by Parliament are called Acts or Statutes. Immediately upon publication in the official Gazette‚ Acts come into effect on a date specified in the Act or on a document called an Appointed Day Notice. The Legal System in The
Premium Law Court Appeal
For far too many years judicial corruption has been a problem in our society‚ but how do we explain the difference between moral and unethical corruption? Within our police system in America‚ there are gaps and loopholes that give leeway to police officers and individuals in the judicial system‚ which either abuse their authority or not a great representation of the ethical standards that they are expected to enforce. Because of the nature of police officers‚ there is a potential for deterioration
Premium Law Police