Judicial Review

1-2. Gary Slapper & David Kelly, The side of meat sanctioned System Ch.1 Legal governing body cannot be studied without a checkation of the set that jurisprudences reflects and supports: consider law as a socio- governmental institution The temper of law ?Different forms of golf club have contrastive forms of order. ? right 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 bent 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 warrant of judicial discretion, not bo und by stare decisis confines not judging ad hoc (i.e. take previous skid in to consideration). ?Criticism under-estimating judicial discretion. ?Case: European court of Justice established on civil law principles is in practice increasingly recognizing case law.

b) Common law and justice ?Common law was common to all in operation, 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 satisfy (i.e. over-emphasis on procedure), reflecting the weakness of the sys tem. ?This led to the emergence of Court of! Equity, a coquet to deliver more substantial justice sooner 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, because 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 exigency to feel a full essay, order it on our website: OrderCustomPaper.com

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