universal rule. Judicial reforms should‚ therefore‚ be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental goal of all societies. This is the reason why the human civilization has been locked in a constant struggle to achieve higher standards of fairness and equity. The endeavour is timeless with societies borrowing new practices from each
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for the cult of ethnicity. In theory political correctness sounds like a very reasonable idea and when looked at very shallowly this remains the case. When it is more thoroughly looked at thought it dangers become more and more apparent. By creating a set of “correct” terminology and assigning each ethnic background a name that separates them from the main culture of America we run the risk of further exaggerating the potentially volatile situation created by the cult of ethnicity in the country today
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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What can we learn about Atticus Finch from his speech to the courtroom? One thing we can learn about Atticus Finch from his speech to the courtroom is that he is a very brave and courageous character. He is very modern thinking and his views go against the majority of other people. We are told that “Atticus did something no one had ever seen him do before‚ in person or in private; he unbuttoned his vest‚ loosened his tie and undid his collar”. By saying no one had ever seen him do it before‚ in
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
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The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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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
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1. Ethnicity Ethnicity is not a clear-cut term. It usually describes someone’s racial or cultural background but has a whole host of other connotations connected with appearance‚ dress‚ food‚ lifestyle etc. The ethnic majority in a particular place are‚ not necessarily those with the largest numbers‚ but those with social and political power. It is also the case that often terms describing race are fairly meaningless. People from the ‘British race’ for example originate from many other cultures
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