Legal Systems in the Commonwealth

Describe your understanding/appreciation of the term roughhewn law. The modified K law has always been an important source of law deep down a legal dodging. In the realm Caribbean legal scheme the common law derived itself from the colonial body as it existed in England unifying itself into a common scheme applicable common to all men allowing it to grow on a independent basis and develop as nations develop. discriminatory Precedent- Central to the arbitrariness of a common law system is the doctrine of origin, to a greater extent so contemplate decisis (let the decision stand) where a legal expert is curtail to follow in the beginning decision. So it follows that where no applicable legislative act the judge must look for the rear common law. Precedents can be spine or persuasive in nature. Obligations arise with binding precedent as enunciated in capital of the United Kingdom Tramcars Co Ltd v London County Council. Lord Halisbury stated, a d ecision of this phratry once disposed upon a point of law is conclusive upon the House afterwards, and it is inconceivable to raise that question again as it if was reticuloendothelial system integra and could be re-argued. Failure to follow can lead to the quashing of a decision Re State v Walters. This doctrine has allowed for proof and predictability in the law assisting citizens and their advisors in ordering their affairs.

Persuasive precedent- besides if of counselling and based on legal principles from judgements or arguments. much(prenominal) principles may even emanate from courts lower in the pecking order or outermost jurisdictions. Thus, an Appeal decisi on in Jamaica is only persuasive in Trinidad! and Tobago. Disadvantages to the system of precedent exist and includes the luxuriant volume of describe cases, making the location of legal principles difficult. in that location is as well as the danger of illogical, technical distinctions in the process of distinguishing precedent which leads to spendthrift legalism and sometimes absurdity. Dangers that beneficial legal change is avoided in save of the status quo also exist....If you want to get a wax essay, order it on our website: OrderEssay.net

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