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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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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system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and prompt trial (Rule of Law Institute of Australia 2015). This could be an issue with indeterminate sentencing
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Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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Judicial Process and Politics Interest Groups - Lawyers‚ Litigants‚ Trade Associations and Bar Associations Week 5 Case Western Reserve University Department of Political Science POSC 323/423 Spring 2012 Expository Essays Expository essay requires the writer to investigate an idea‚ evaluate evidence‚ expound on the idea‚ and set forth an argument concerning that idea in a clear and concise manner. Tools for expository writing: • comparison and contrast; • definition; • example; or • analysis
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elements of the constitution derives from Aristotle there are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; the three elements are the deliberative‚ the officials and the judicial element. * Montesquieu stressed the importance of the independence of the judiciary when the legislative and executive powers are united‚ there can be no liberty. There will be no liberty if the power of judging is not separated from the legislative
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instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws‚ through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government‚ as well as firmly grounding the role of the Judicial Branch. To uphold the precedent already established in the United States by Federalists such as Washington and in fear
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constitution . The problem started when the judicial interpretation of property clause was considered as ambiguous by legislature and led to the amendment of the constitution .The tension between the legislature and judiciary has been discussed in paper on the basis of 3 points :1.’ the judicial approach to legislation particularly in the public welfare field’ ‚2.’ the legislative reaction to judicial interpretations of the Constitution’ 3.‚ the judicial attitude towards legislative privilege. The
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Mandatory Sentencing Introduction Mandatory testing refers to a special case of a court decision where by the judicial discretion is limited by the law. It is common knowledge that when people are convicted with crime they are punished by being sent to prison for a number of years. All the individuals who commit crime will be punished equally under a pre-determined minimum time in prison. The respective laws which guide mandatory sentencing differ from one country to another. The parliament passes
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The Effects of Technology to Students Study Habit Topic Statement: Technology has greatly influenced the study habit of the students. I. INTRODUCTION A. Students’ Study Habit B. Statement of Purpose II. BODY A. The Significance of Technology to Study Habit B. Benefits Gained by Students from Technology C. Effects of Technology 1. Psychological 2. Physical 3. Attitude towards Studies D. Parents’ Role E. Interview III. CONCLUSION Bibliography Writing an Outline An outline
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