The Extent To Which The Doctrine Of Precedent Prevents Judicial Activism

NameSubjectProfessorDateThe Doctrine of Precedent Prevents Judicial ActivismIntroductionThere confuse been several controversies and opinions on the role of a judge in terms of judicial finishs . These opinions vary from one commentator to an other(a) , from one justice to another(prenominal) . For instance Justice Michael Kirby believed that there is a postulate for level-headed activism where the High Court will consider rule and rules that is stabilising in the interpretation of laws that are in unanimity with the fraternity s needsBasically , there are two binary opinions regarding this . The start-off condition of thought pertains to the ism of originator which advocates the basic belief that righteousness in judgment will only be achieved if they are decided alike . In general , the doctrine operates in a proc ess that involves the binding of a pass up court to the decisions rendered by higher courts within the same creator structure .

Specifically , the court will have to cost the balance decidendi and not the obiter dicta of the sooner decision or the precedent decision . This ratio decidendi is composed of the material facts and the rationale of the earlier role that is necessary to resolve the new case . On the other hand , the second school of thought would be the judicial activism which advocates the independence of decide against state policies and principles . According to Michel Foucault , judges should have liberties regarding these subjects . They should be required to reason ou t and set out reconstructive arguments in ! to balance out law right and policy...If you command to get a full essay, order it on our website: OrderEssay.net

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