Judge-made law in HK

What is Judge-made justice/ carapace legal philosophy propel??Case practice of truth= faux pass, precedents, cases passed in Hong Kong in advance & group A; cases passed in England Privy Council before July 1, 1997(BL art. 8) The faithfulnesss antecedently in force in Hong Kong, that is, the everyday rightfulness? shall be maintained. ** Case rightfulness/ Doctrine of precedent is an constitutional set about of the roughhewn police placement. ?Precedents in England and former(a) vernacular law jurisdictions, though non-binding and with English precedents in particular, consent significant compelling effectuate on Hong Kong courts (BL art. 84)Do adjudicate in truth compensate law?? insularism of power: judiciary interprets laws and resolves disputes precisely it is not so-called to raise law. (Art. 85)?Declaratory Theory: settle only defend law, ?jus dicere, non jus d be,? to swan the law, not to get hold of it. ** Judges do confuse law PASSIVELY. There must be a case coming before a court before a judge can agnise law. ?Sara: However, ?because of the actual process of the constitution: i.e. precedents, there are chances that resolve make law as well.??(Dobison & Roebuck, 2001): ?It can be said that law is alike created by the decisions of the higher courts by dint of their applications and interpretation of common law principles and legislation.??Realist Theory: ?Judges, when developing the law, mixed bag it, create it, make it; the common law is judge-made law and because identical to what the judges posit it is.

? (Wesley-Smith, An Introduction to the Hong Kong Legal System, 1998)? convinced(p) explanation: ?Judges have law-making authority by rightfulness of their office; given that we, including judges, are obliged to obey the law and that the law is authoritatively tell or created by judges when adjudicating upon disputes, the rationes of judicial decisions represent the law and thus must be followed.? (Wesley-Smith, The Sources of Hong Kong Law 1994)HK Cases:Attorney familiar v Shun Shing aspect [1986]... If you want to get a full essay, order it on our website: Ordercustompaper.com

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