The British Constitution and Judicial Independence One of the basic principles of the British Constitution is judicial independence . Simply explained‚ this means that judges‚ in making their decisions‚ must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy‚ independent selection‚ and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without
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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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Race and Ethnicity According to Allen and Chang‚ “Race and ethnicity are socially constructed identities that vary across time‚ space‚ situation‚ and perception” Hence‚ whilst race refers to a person’s physical appearance such as skin colour‚ eye colour‚ hair colour‚ bone/jaw structure and other defining characteristics‚ ethnicity relates to cultural factors such as nationality‚ culture‚ ancestry‚ language and beliefs. It is important to note that ethnic differences are wholly learned although
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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Stages of Civil and Criminal Proceedings 1. List and briefly explain each of the major stages of a civil proceeding‚ including starting the case and pretrial‚ trial‚ and post-trial activities. A civil case starts out with pleadings. A lawyer files paperwork with the clerk of courts for his/ her client. This paperwork states that the client was injured in some way‚ either by the person or the unlawful act that was committed. After the pleadings the case then goes to the pretrial
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students of different ethnicities? Learning targets: Different ethnic groups appear to have differing levels of achievement in school. Overall‚ the ethnicities of attainment are White‚ Chinese and Indian heritage students. There has been concern about the achievement levels of certain Black minorities: in particular‚ African Caribbeans and Bangladeshi students under-attain in schools. Sociologists have difficulty in measuring the impact of ethnicity on achievement because
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy‚ but will be active when the time comes when the general public‚ in which the case is decided‚ feels a change is needed. We have enough evidence to see how our judicial branch should act. Should the judicial branch be more active towards shaping American policy or restrain as long as possible before being forced to act upon very critical civil policies? Judicial activism is the view that
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Concept of Ethnicity Concept of Ethnicity is being interpreted by many school of thoughts. Ethnicity has turned out to be conspicuous in prominent and insightful thoroughly considering the most recent 50 years. In the late 1960s a couple key works fortified the development of a confusing collection of writings. Ethnicity is a fervently idea. Since it rose as a critical type of aggregate personality in the 1960s‚ it has been appropriated by a wide range of individuals for a wide range of purposes
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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
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