CHECK THESE SAMPLES OF Judicial Observation
The present study is a work on particular jurisprudence since it seeks the correct positioning of the doctrine of judicial precedent within the English legal system.... Many a legal theorists and commentators have agreed upon the view that the sophistication of the English legal system cannot be understood without grasping the centrality of the doctrine of judicial precedent in it.... The doctrine of judicial precedent has undergone profound transformations from Eighteenth century onwards in accordance with the changing world....
26 Pages
(6500 words)
Thesis
Government official Bert Lance (1931).
The statement signifies two aspects, (a) the role of Judges in commercial development of society/ nation and (b) whether reform in the existing system is required when the existing system is working properly.
…
In England and Wales the law is based on judicial precedence.... judicial precedence is the system where the judges make decisions on particular issues, courts record these decision and whenever similar issues come before the court at subsequent date the earlier recorded decisions are applied....
4 Pages
(1000 words)
Essay
His observation was on the basis that the judiciary has “no influence over either the sword or the purse” meaning the Court could not influence either the legislative or the executive.... Hamilton's observation that “there is no liberty if the power of judging be not separated from the legislative and executive powers” was intended to mean that people's democratic right would be in danger if the Court does not independently act to uphold that right.... The way the American judiciary is empowered to delve into the country's polity raises the question if this can have a harmonizing relation with the country's commitment to democracy and such judicial review reinforces democracy given its limitations in policymaking....
2 Pages
(500 words)
Case Study
Additionally, it is the onus of judiciary to see what actually a statute tries to convey and to which extent scope of the statute is expansive so that it can be applied in interpreting the scope of law, while coming up with any judicial decision making process.... Due to such capacity of judiciary, in the context of interpreting a statute, statutory interpretation is also referred as “judicial interpretation.... 1) “Statute law is the will of the Legislature; and the object of all judicial interpretation of it is to determine what intention is either expressly or by implication conveyed by language used, so far as it is necessary for the purpose of determining whether a particular case or state of facts which is presented to the interpreter falls within it....
5 Pages
(1250 words)
Essay
The paper "Public Law" discusses the scope for which absence of judicial authority in disapplying primary legislation contrary to Rule of Law fails to counter the Rule of Law.... There are elements that are appreciated to be sufficient in the provision of judicial dicta as they show the rule of law as a core definition of the judiciary.... The repeated invocation by judges in explaining the extent of the judicial review jurisdiction is enshrined in respective constitutional documents....
10 Pages
(2500 words)
Outline
The paper "Nation's Judiciary" presents that The debate surrounding the imposition of the death penalty for grave offenses had been a divisive issue in the American political realm.... The 1972 verdict on the case Furman v Georgia is a landmark event in the history of the nation's judiciary.... hellip; Finally, let us consider the viewpoint of Justice Marshall....
6 Pages
(1500 words)
Case Study
hellip; Apart from introducing immediate changes in the context of national and international policymaking, it also is important that discriminative outlook should be replaced by empathetic observation of the situation.... While the issue of counter-terrorism, idealistically encompasses a vast range of philosophical observation and scope to reflect reflective approaches to the problem, most of the nations interpret it as cultivation over means of armed security process and defend the ways of extreme violence in terms of more extreme violence....
83 Pages
(20750 words)
Thesis
This literature review demonstrates the doctrine of judicial binding precedent in the English legal system.... rdquo; (Casefinder, 2010) The main influence of a ruling such as Kleinwort Benson v Lincoln City Council (1998) is to create through judicial interpretation a possible retroactive re-evaluation of statutes and a re-calculation of tariffs, fees, taxes, levees, etc.... based on the newly established judicial precedent, which can impact society in larger ways across sectors and in manners that would not have been possible to predict before the judges' decision....
8 Pages
(2000 words)
Literature review