Law Making

Unit 1 Law Making: January 2009 Paper 1 (a) rationalise what is meant by the article of belief of power in English law. (15 marks) The dogma of matter in point is the attorneys term for effectual experience, and is fundamentally repeating things that move over been done in the past. This is important to financial backing well-nigh degree of definitety in our law. Judicial actor delegacy the process whereby judges follow previously obdurate cases where the facts argon of sufficient alike(p)ity. An application of the principle stare decisis is touch on in the doctrine of discriminatory case law, which means to project by the decided. This means, in practise, that inferior courts are jump to mount the legal principles set down by maestro courts in earlier cases, providing consistency and predictability in law. (b) Identify and shortly debate two rewards and two wrongs of the doctrine of judicial precedent. (15 marks) An advantage of the doctr ine of judicial precedent is the fact that it provides a certain meat of consistency and predictability in the law, so that lawyers, barristers and other legal professionals give be able to advise their clients on the around probable outcome of their trial.

Judicial precedent is also useful because it shows that similar cases are handled in a similar way, which is both(prenominal) in the interest of justice and fairness, as well as in the public interest. A disadvantage of the doctrine of judicial precedent is due to the fact that hundreds of cases are reported separately course of instruction; it can lea d to confusion as to what the condition pre! cedent is that should be applied to the case. Another disadvantage of judicial precedent is the idea that the law is far overly complex and thence applying a past precedent could not be correct due to the distinctions which make each case individual. 2 (a) attempt any three influences on fan tan as a law maker. (15 marks) There are a lot of influences on Parliament as a law-maker, tho three of the most common ones are pressure...If you want to get a panoptic essay, order it on our website: BestEssayCheap.com

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