PAKISTAN LEGAL SYSTEM General 1. The expression ‘Pakistan legal system’ contains the entire framework of the law of Pakistan‚ the manner of its legislation‚ the procedure of applying it‚ the court structure‚ the method of interpreting it‚ procedure of amending the law‚ and many other matters. The knowledge of Pakistan legal system provides a general understanding needed by an effective accountant‚ businessmen and other individuals. Aim 2. To briefly discuss the Legal Frame Work of Pakistan
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Appellate division 2) High Court division. Judges of Appellate division and High Court: Chief justice and the judges appointed to the appellate division sit only at appellate division and judges appointed to High court division sit only in the high court division. [Article 94(3)] Appointment of chief justice and other judges of Supreme Court The chief justice and other judges are appointed by the president.
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Question 1 Lord Radcliffe considers the role of judges should be on the declaration of the law instead of creating law. According to the declaratory theory which is a classical notion: judges discover and declare law rather than invent or to create it. 1 It is different from the role of a legislator and should not be creative. Precedents are not declared only when they are incorrect. However in reality judges do involve in creative roles in the adjudication‚ in common law development
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THE ABILITY OF JUDGES AND COURTS TO MAKE LAW LAW-MAKING THROUGH COURTS: • Common law was established in England by King Henry II and adopted by the Australian legal system. • It is law developed through the courts. It is also known as judge-made law and case law. • It can only be created when a case is brought to the courts. • It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts. COURTS MAKE LAW BY: • Deciding on a new
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(plaintiff and defendant). With only two judges things are going to take time and the process of the filling paperwork is going to be in abundance for the judges and the clerks. What can also cause another conflict is‚ if there is going to two judges hearing criminal cases and at the end of the one month period‚ what will happen when one of the judges doesn’t get done and reach their deposition until three months ? Meaning one of the criminal case judges is going to have to wait for two month in
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Judicial Precedent (Case Law) The nature of judicial precedent In examining the development of our law reference was made to the role played by the judges in its evolution‚ the common law and equity being the product of judicial reasoning in that they have both evolved through the system of case law whereby law is made for the purpose of the decision of the specific case before the court. It is natural that if a similar dispute should arise again then the previous decisions should be used as
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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 ratio
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Compare and contrast the role and function of judges‚ lawyers and lay people in the English legal system. Judges: When judges decide points of law in cases‚ they sometimes have to decide a new point. This also allows them to ‘make law’. Decisions by judges over the years have created the tort of negligence. This is the law that allows you to claim compensation when you have been injured by another person’s negligence. In the criminal law‚ judges have sometimes created new offenses. An important
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References: to the various Judges. Petty Sessions Court- Your Worship Resident Magistrate’s Court-Your Honour Supreme Court and above –Your Lordship/Ladyship Legal Officers (a) The Attorney-General Section 79(1) of the Constitution of Jamaica provides that “there shall be an Attorney
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Court History and Purpose Court History and Purpose Within the United States‚ the court system is the last stop in our judiciary system because it renders decision that can and will affect the lives of the citizens. This article will explain the role of the court and its purpose‚ identify the dual court system‚ illustrate the role that early legal codes‚ the common law‚ and precedent played in the development of courts‚ and also recognize the role of courts in criminal justice today. What is
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