Judicial Review

1-2. Gary Slapper & David Kelly, The side of meat profound System Ch.1 Legal governing body cannot be studied without a checkation of the value that natural laws reflects and supports: consider law as a socio-political institution The genius of law ?Different forms of golf club have distinguishable 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 arent systems and approaches ?Common law: historical face 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 compositors consequence of judicial disc retion, not bound by stare decisis term not judging ad hoc (i.e. take previous case in to consideration). ?Criticism under-estimating judicial discretion. ?Case: European judiciary of Justice established on civil law principles is in practice increasingly recognizing case law.

b) Common law and paleness ?Common law was common to all in drill, 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 march (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 earlier 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, and then 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 need to feel a full essay, order it on our website: OrderCustomPaper.com

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