Do judges make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary
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Common law reasoning and institutions Study Pack page 11 6 ‘The Judicial Practice of Precedent’ Adam Gearey Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed copy supplied to or made by you under the terms of this licence is for use in connection with this course
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Model Answer 1 Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context‚ explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution. (10 marks) (This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.) The phrase‚ ‘Fundamental Liberties’‚ refers to certain rights‚ which may be considered as basic and essential
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the doctrine of binding precedent means that judges declare what the existing law is. However many people think that judges actually make law‚ especially in the High Court of Australia. Write an essay of 1000 words stating whether you believe judges should make law and mention some arguments for and some arguments against this idea. I am of the opinion that judges in Australian courts should make law‚ within specified boundaries. Through the doctrine of precedent‚ the decisions that judges
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without any contractual agreements. Here‚ it can be said that prima facie‚ the doctrine of stare decisis was not closely followed and new precedencies were made‚ moving on with the new times. As summarised by Lord Wright‚ "... a rigid method of precedent is inappropriate to the construction of a constitution‚ which has to be applied to changing conditions of national life and public policy. An application of words which might be reasonable and just at one time‚ might be wrong and mischievous at another
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INTRODUCTION: Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "whatever has been decided must stand". In a legal context‚ it means that courts should generally abide by precedent and not disturb settled matters. However‚ this doctrine has been overruled by courts in some cases. International trade laws have not always
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Question 1 Read the following scenario and answer the questions that follow: The Kruger’s moved into the neighborhood where the Mothibes and the Van der Merwes live. Both families welcomed the Krugers and invited them for a braai. Daan Kruger is a Panel-beater and his wife Sarah is a teacher. Little did the Mothibes and the Van der Merwes know that Daan planned to run his panel-beating business from home in future. And then the noise started! Daan did not listen to the complaints
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to try to achieve something great and produce a positive externality on the community they belong to. The young have an optimistic approach and bear the negative consequences and situations smiling‚ knowing that the darkest moment of the night is precedent to the sunrise. Surely‚ the young (in age) too often waste their youth in cheap activities. But also the contrary holds: adults often waste opportunities considering being young (in age terms) as a necessary requirement to succeed. Both parties
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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The doctrine of binding judicial precedent The practice of following precedent is also known as ‘doctrine of stare decisis’ (stand by what has been decided). Precedent can either be declaratory precedent or original precedent. When a case is brought before a Court‚ the facts of the case has to be established by the court. After the facts are established‚ the judges will formulate and apply the relevant legal principle (the law) and reach their conclusion and decision. In accordance to doctrine
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