Nobody downloaded yet

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

Comments (0) Cite this document
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
In Whose Jurisdiction Is the Creation of a Judicial Precedent
Read TextPreview

Extract of sample "In Whose Jurisdiction Is the Creation of a Judicial Precedent"

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
Cite this document
  • APA
  • MLA
(“Law Making Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Law Making Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from
(Law Making Essay Example | Topics and Well Written Essays - 1500 Words)
Law Making Essay Example | Topics and Well Written Essays - 1500 Words.
“Law Making Essay Example | Topics and Well Written Essays - 1500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF In Whose Jurisdiction Is the Creation of a Judicial Precedent

Doctrine of Judicial Binding Precedent

...of binding precedent was, therefore, an example of a shift away from considering law as a set of principles existing outside the judges who applied them and toward an image of law as a statement issued by a government institution4”. Prior to the doctrine, law was found in nature or common sense or in practices on the ground and only interpreted by judges; but now, law became more absolutely a creation of institutions. A whole consensus on a culture of law was replaced by a far more formalistic interpretation by the doctrine. It is also important to note that judicial binding precedent creates “reliance interests”4 . In an increasingly complex economy that began with...
8 Pages(2000 words)Essay

Judicial precedent

...?Judicial Precedent Judiciary has different ways of settling disputes. In most of the cases, it decides the rights and wrongs based on the written principles of constitution or existing penal codes in the country. However, in certain cases, it is difficult for the judiciary to settle the cases based on the constitution or penal codes. In such cases, courts often rely on the previous rulings in similar cases by the upper courts to make judgements. This procedure is called judicial precedent. This paper explains the term judicial precedent, types of precedent, use of precedent, application of...
5 Pages(1250 words)Essay

Authority Judicial Review Jurisdiction

...I. A. The decisions of the IRA are not reviewable. In several cases, it is clear that an ity which is deemed to be wholly private, even if exercising quite wide-ranging powers affecting many people, is not susceptible to the judicial review jurisdiction. In the case of the Jockey Club1, the Football Association2, the imam of a mosque3, Lloyd's of London4, the RSPCA5 and the British Council6, it was held that since these bodies were exercising powers which were not akin to the essentially governmental nature of truly public activity, despite the possible effect that their decisions might have on members of the public. More specifically, in the case of R v Panel on Takeovers and Mergers, ex p Datafin...
14 Pages(3500 words)Case Study

Judicial precedent in english legal system (U.K)

...:// (Accessed 9th January 2006) doctrine of precedent (Accessed 9th January 2006) What is the doctrine of precedent (Accessed 9th January 2006) JSPL - Book Review - Judicial Reasoning and the Doctrine of Precedent in Australia (Accessed 9th January 2006)... What Is A Law A law is a regulation imposed by the government or ruling body of any country. A law can be for anything practical and rational, and can be imposed all over the country or in any specific area of a country, as deemed suitable by the government in order to...
2 Pages(500 words)Essay

Judicial Precedent

...Judicial precedent: Judicial precedent an be defined a decision by court that is used to make decisions in the future, in any case a judge will set out facts of the case then state the law applicable and finally make decision regarding the case. It can also be defined as a system which provides principles for making decisions on case with similar facts and issue. These decision made by judges can be used for future judgment on similar case. However such judgment can only be binding to future decision if the case was based on facts and established law whereby later judgment are based on legal reasoning. Judicial precedent is important in...
3 Pages(750 words)Essay


...Q1. Explain what the term jurisdiction means and identify the different types of jurisdictions and how it is determined what jurisdiction preside a case. Garvin (2002) defines Jurisdiction as the authority of a federal court or a state to hear a case. It can also refer to the authority of an agency, commission, department, board, or public administrative body to investigate, initiate, or review a complaint. Different states and federal administrative bodies have jurisdictions over the conduct of private sector investigators, as well as private employers. According to Barbara (2001), Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) have the authority to review charges against employers... and their...
11 Pages(2750 words)Essay

The Doctrine of Judicial Precedent

...of the judges is nothing but the negation of the collective intellect of judiciary. Secondly, the ideology of free judicial decision-making "may be taken to refer to any judicial ideology in which the role of judge is emphasised, and the role of the legislator is belittled, in the creation of valid legal norms" (Siltala, 2004, p.5). It is characterised by its principal opposition to legal formalism and the ideology of bound judicial decision-making. It upholds an unyielding commitment to the real world and the dynamic character of jurisdiction. Finally, the ideology of legal and rational judicial decision-making puts...
20 Pages(5000 words)Thesis

English Jurisdiction

...Mrs. May Donoghue and a friend stopped over the Wellmeadow Caf located at the town's Well meadow Place in her journey from Paisley to Glasgow in August of 1928. Her companion purchased ginger-beer for May while the he caf's owner, Francis Minghella served the order which included the bottle of ginger-beer, ordered by May's friend, and a tumbler of ice cream into which the caf owner poured some of the contents of the ginger beer. May drank some of the said substance from the bottle and poured the rest of it to the tumbler. This was when she claimed that the decomposing remains of what apparently was a slug plopped out of the bottle into the tumbler. Later on, May complained of stomach pains, which the doctor diagnosed later... May Donoghue and ...
4 Pages(1000 words)Case Study

The Doctrine Of Judicial Precedent

...The Doctrine Of Judicial Precedent Scholars in the legal profession concur in defining legal precedent as sources of the law that involve past decisions by various juries developing the law for use by other judges in future when making decisions on related or similar cases (Law Commission, 2007, p. 21). The British judicial system applies precedence based on stare decisis. The application within the English system developed from Latin including its translations. Loosely, stare decisis means standing by decisions already made (YANG, 2012, p. 12). Stare decisis to offer certainty and fairness in law. Lord Neuberger (2010, p. 14) categorizes them into two: obiter dicta and ratio decidendi. A standard of law used by a judge to arrive... are...
7 Pages(1750 words)Essay


...and number Jurisdiction— Gonzales v. Oregon Physician-assisted suicide occurs when a medical doctor aids in the death of a patient by providing information and/or necessary means to enable the patient to carry out a life-ending act. The legal consequence of the ruling of the Oregon court is clear: Oregon medical doctors may recommend drugs under the Death with Dignity Act (DWDA) without any fear of federal punishment. I dissent with the opinion of the majority that pursuant to the Constitution, the federal government should not rule out physician-assisted suicide where a legislature has decided to consent the process because letting medical doctors to take part in assisted suicide would cause more damage than good....
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic In Whose Jurisdiction Is the Creation of a Judicial Precedent for FREE!

Contact Us