Question
(i)Case law is the law produced through a series of decisions made by judges in the courts. The doctrine of binding precedent has an important
(i)Case law is the law produced through a series of decisions made by judges in the courts. The doctrine of binding precedent has an important role to play in this.
Required:
Explain the role this doctrine plays in case law and how it operates through the court structure.
(ii)Case law is usually concerned with the development and application of existing principles of law being applied to cases coming before the courts, rather than courts creating entirely new laws, which is a function that should be left to Parliament. It is true that when judges make their decision in cases they sometimes state and develop common law principles, however, in other cases, in order to apply the law, judges interpret statutes made by Parliament.
Required:
Explain why judges need to interpret statutes and the rules applicable to this with illustrative examples.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started