"Importance of judicial precedent as a source of law" Essays and Research Papers

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    Judicial Independence

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    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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    So I think Hammurabi law was better than the other laws. It is more seriously. It could threaten the guys who break the laws. Also it fits all the crimes. So basically‚ people would be afraid of death‚ so they will not break the law without any reason. In this society‚ people have inner desire. They keep on wanting‚ keep on desiring‚ keep on doing everything to get whatever they want. If the government just let them do like this‚ the people lived there will have no ability to attack the other country

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    judicial review

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    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. Control of these public authorities relates to the method of acquisition of power exercised‚ the source of such

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    Most people usually follow the laws but‚ what happens when the laws interferes with your moral beliefs? People should follow their morals laws and do what is right for them not what the law wants them to do. Antigone ignored the law when she believed she could bury her brother. But since Polynices‚ her brother‚ was a traitor who died in war‚ the law does not allow. Antigone does what she believes is right even if that means death for her. The law is ignored in the play “Antigone” by Sophocles

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    Judicial Department

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    ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section

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    Judicial Independence

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    JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the

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    As the First President of the newly created United States of America‚ much of what George Washington did‚ would set the stage for future presidents. Here are some of the precedents set by George Washington during his time in office o Established the Cabinet within the Executive Branch by appointing Thomas Jefferson Secretary of State and Alexander Hamilton Secretary of Treasury‚ a body that was not outlined within the Constitution. o Supported innovative fiscal concepts such as the Bank of America

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    Judicial Review

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    In the 1825 case of Eakin v. Raub‚ Pennsylvania Justice John Bannister Gibson declared that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution

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    The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been

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    Judicial Restraints

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    Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed that is the settled law since the historical decision

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