Part 1. Judicial Precedent “Stare decesis et non quieta movere” – roughly translated means “Stand by what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision
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Participants in Criminal and Civil Courtrooms Type of Participant Criminal Court Civil Court Remarks Judge The judge is referred to as "the trier of law" he/she sits as an impartial party whose responsibility is to determine that the trial is conducted in an orderly and lawful manner. The judge resolves any disputes concerning points of law. The judge may grant a wider latutude to attorneys in their respective representation and defense of clients. The role of the judge is quite similar
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The judicial restraint theory is based off the idea that judges should limit the exercise of their own power. For example‚ it would make judges think before shooting down laws‚ just because they can‚ with the exception being that they are unconstitutional. The opposite of judicial restraint is judicial activism. Judicial activism is when judges make rulings based on politics or personal beliefs rather than the law itself. The main difference between these two philosophies is judicial restraint is
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change whilst explaining how powerful the nurse-patient relationship is. The nurse approaches the relationship with understanding and experience obtained personally through their lives but also through their training and work. Generally‚ it is considered the more training and work experience a nurse has‚ the more therapeutically effective they are likely to be but this is not always the case. Stuart and Sudeen (1997). There are many influences on the relationship that can both obstruct or benefit
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Influences on Judicial Power Under Article III of the Constitution the judicial branch was established‚ but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78‚ Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review
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Sexual selection was an idea proposed by Darwin and refers to the process in which males and females attempt to maximize their chances of reproductive success. Within a species there are certain characteristics that make individuals attractive to potential mates. An example of this is in peacocks‚ female peacocks are attracted to males with long brightly colored tails‚ even though this makes them easier to be spotted by predators. This characteristic then evolves within the species due to how males
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Hughes‚ "We are under a Constitution‚ but the Constitution is what the judges say it is”. (Hughes) Judicial activism and judicial restraint are the philosophy and the reason behind the majority of judicial decisions. Most people are often confused over the true meaning and their proper applications. The theory of judgment that takes into account the spirit of laws and the changing times is referred to as judicial activism‚ and judicial restraint looks at strict interpretation of the law and the importance
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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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• the ways in which diversity can impact on work and work relationships Diversity at your workplace is a great way to deliver quality‚ effective and appropriate service to clients. Having a shared set of values‚ respect and understanding others beliefs encourages better work place relationships. • the benefits of diversity Diversity can help you learn understand and respect other cultures and beliefs‚ religion‚ getting involved with other social groups. • the need for inclusivity‚ cultural safety
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law and opened a new era of justice for all “ JUDICIAL ACTIVISM 1. Introduction 2. Factors: * unceremonious removal of chief justice and the public reaction * Government apprehensions concerning Judicial Activism * Unprecedented defiance of Chief Justice * Reassertion/awaking role of civil society * role of media/projection of media in evoking public interest attenntion * government’s mishandling of this whole affair 3. Significant developments between
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