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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discretionary powers to influence the penalty. Any question of partiality of the sentencing portion of a trial would be removed and consequently‚ judges would be able to make unbiased and principled decisions (Determinate Sentencing Pros and Cons 2014). In doing so‚ they would be able to maintain the rule of law. The rule of law in the contemporary Australian legal system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure
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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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Introduction: Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
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Race and Ethnicity According to Allen and Chang‚ “Race and ethnicity are socially constructed identities that vary across time‚ space‚ situation‚ and perception” Hence‚ whilst race refers to a person’s physical appearance such as skin colour‚ eye colour‚ hair colour‚ bone/jaw structure and other defining characteristics‚ ethnicity relates to cultural factors such as nationality‚ culture‚ ancestry‚ language and beliefs. It is important to note that ethnic differences are wholly learned although
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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Stages of Civil and Criminal Proceedings 1. List and briefly explain each of the major stages of a civil proceeding‚ including starting the case and pretrial‚ trial‚ and post-trial activities. A civil case starts out with pleadings. A lawyer files paperwork with the clerk of courts for his/ her client. This paperwork states that the client was injured in some way‚ either by the person or the unlawful act that was committed. After the pleadings the case then goes to the pretrial
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How models of disability influence practice. Attitudes towards disability affect the way people think and behave towards disabled people and impact on outcomes for disabled people in the way they are treated and able to participate in society. Social model of disability The social model looks at the barriers erected by society in terms of disabled people being able to access goods and services. It seeks to remove unnecessary barriers which prevent disabled people participating in society‚ accessing
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CHAPTER – 1 GROUNDS OF JUDICIAL REVIEW INTRODUCTION “Public law is not at base about rights‚ even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.” * Sedley.J1 The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly‚ in order to succeed‚ the claimant (the person or body
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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