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In Whose Jurisdiction Is the Creation of a Judicial Precedent - Assignment Example

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The paper “In Whose Jurisdiction Is the Creation of a Judicial Precedent?” illuminates how the case law is developing in different judicial instances - the court of appeal, the Supreme Court, the judicial court of the EU, which precedents are not applicable as sources of law in the case law etc…
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In Whose Jurisdiction Is the Creation of a Judicial Precedent
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Download file to see previous pages Delegated legislation refers to laws made by a body or an entity other than the parliament. The body must, however, derive its legislative authority from parliament through an act of parliament known as parent act. An example of a delegated legislation is a set of city bylaws formulated by local authorities. The local authorities are authorized by parliament to make bylaws for regulations in their council’s jurisdictions.
The Supreme Court is the highest court in the judicial structure. Its functions include hearing appellate cases from the court of appeal. Its jurisdiction also extends to appeals from the high court and covers both civil and criminal cases.
The golden rule is a statutory interpretation rule in which the courts deviate from the literal meaning of words of a statute to ensure that the interpretation of the statute is reasonable and consistent. The case of Lewis v Hilaire et al 1970 15 WIR 192 is an example of an application of the golden rule.
A directive is an order from an international body to its member countries requiring the members to adjust their domestic laws. Working time directive is an example of a directive from the European Union.
Advantages and disadvantages of lawmaking through Westminster parliament. Legislations made through the Westminster parliament, the parliamentary system that exists in Britain has a number of advantages. The parliament’s House of Commons is composed of elected members from all parts of the country, a feature that makes its legislative process representative of the people’s opinions. This makes parliamentary legislation a democratic process because it gives people an opportunity to making lawmaking. The sources of parliamentary legislation, which include bills from members of parliament also mean that citizens have an avenue of instituting legislations through their members of parliament in private member bills. Similarly, citizen’s opinions can be used to draft ‘government-sponsored’ bills. Parliamentary legislation is, therefore, a democratic process. ...Download file to see next pagesRead More
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