Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes
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Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW • If you want to challenge a decision made by a Cth statutory body‚ e.g. the Australian Electoral Commission of the Australian Taxation Office‚ you must turn to the federal system of judicial review. • The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. •
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the world repeats‚ and it is not an exception for law‚ providing that ‘some degree of certainty’ of law is essential. In English legal system the doctrine‚ which brings together the past and the present is the doctrine of judicial precedent‚ which predominant value is irrefutable. However‚ it is a disputable question‚ whether the bias of the doctrine on the maintenance of the judicial authority is accurate and contemporary. The nature of precedent can be described by putting the words of Lord Denning
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common-law tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes
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Sources of Criminal Law. Statute/”The Book” vs. Common Law/Case Law A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally‚ statutes are named through numbers or codes. Example: In Illinois‚ the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code‚ ILCS
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AFFECT OF HUMAN RIGHTS ACT ON JUDICIAL PRECEDENT Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent‚ the underlying features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent
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JUDICIAL ACTIVISM & GROWTH OF ENVIRONMENTAL JURISPRUDENCE I. INTRODUCTION Judiciary in India particularly‚ Supreme Court and high courts have played an important role in preserving the environment without halting the development of the country which means preservation of doctrine of sustainable development. India being a developing country with vast geographical area and large population‚ the main task of the government becomes to look after present and future needs of people. It is usually
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Proportionality exists as a ground for setting aside administrative decisions in most continental legal systems and is recognised in UK cases where issues of European Community law and ECHR is involved‚ it seems logical that the treatment becomes the standard of substantive review in all cases. A significant criticism of the Wednesbury criteria is that they do not allow for the effect on the life of the individual involved to be judged. Just because a judgement is not so unreasonable as to be
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------------------------------------------------- Sources of international law ------------------------------------------------- Sources of international law refers to where states‚ organizations‚ individuals and courts can find principles of international law. One broadly accepted definition of sources of international law includes Article 38 of the ICJ Treaty. According to this article‚ theInternational Court of Justice shall apply the following sources of law‚ ranked in order of precedence: a
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