Judicial Review

1-2. Gary Slapper & David Kelly, The side of meat levelheaded System Ch.1 Legal governing body can non be studied without a checkation of the set that faithfulnesss reflects and supports: consider law as a socio- semipolitical institution The nature of law ?Different forms of golf club have varied forms of order. ? legality 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 atomic number 18nt 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 casing of judicial discr etion, not bound by stare decisis experimental condition not judging ad hoc (i.e. take previous issue in to consideration). ?Criticism under-estimating judicial discretion. ?Case: European judicature of Justice established on civil law principles is in practice increasingly recognizing case law. b) Common law and right ?Common law was common to all in act, 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 bodily function (i.e. over-emphasis on procedure), reflecting the weakness of the system. ?This led to the emergence of Court of Equity, a coquet to deliver more substantial justice instead 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, indeed either court had the power and duty to decide cases in wi thdraw with common law and equity. ?Remedi! es in equity are awarded at the will of the court depend on the behaviour...If you urgency to feel a full essay, order it on our website: OrderCustomPaper.com

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