Judicial Review

1-2. Gary Slapper & David Kelly, The side of meat level-headed System Ch.1 Legal governing body can non be studied without a checkation of the set that lawfulnesss reflects and supports: consider law as a socio- policy-making institution The spirit of law ?Different forms of golf club have different forms of order. ? law creates legal order, dealing with incommode or conflict. ?Law is a formal mechanism of affable control. ?There is political nature of law. Categories of law a) ordinary law and complaisant law ?2 app arnt systems and approaches ?Common law: historical English legal system, adopted in UK, USA, Commonwealth countries, ex-colonial countries and HK, and shield-centred, judge-centred, bound by stare decisis. ?Criticism overemphasizing judge discretion. ?Civil law: European continental system of law, owing much to Germanic tradition, a codified body of general abstract principles which control the spokesperson of judicial discretion, not bound by stare decisis terminus not judging ad hoc (i.e. take previous shell in to consideration). ?Criticism under-estimating judicial discretion. ?Case: European tribunal of Justice established on civil law principles is in practice increasingly recognizing case law.

b) Common law and righteousness ?Common law was common to all in application program, stand for the power of central sovereign power. ?There were 3 distinct institution of common law in thirteenth century, only when they were reluctance to deal with matters without proper form of movement (i.e. over-emphasis on procedure), reflecting t he weakness of the system. ?This led to the! emergence of Court of Equity, a coquet to deliver more substantial justice kind of than a procedural one. But judges still could not finalise case based on their personal ideas or values. ?The two kinds of court combined by the Judicature Acts, therefore either court had the power and duty to decide cases in withdraw with common law and equity. ?Remedies in equity are awarded at the will of the court depend on the behaviour...If you privation to feel a full essay, order it on our website: OrderCustomPaper.com

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