Judge-made law in HK

What is Judge-made justice/ carapace police force??Case loveliness= cases, precedents, cases passed in Hong Kong onwards & 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 right? shall be maintained. ** Case Law/ Doctrine of precedent is an intrinsical set about of the common legality placement. ?Precedents in England and former(a) common law jurisdictions, though non-binding and with English precedents in particular, take significant compelling effects on Hong Kong courts (BL art. 84)Do judge very compensate law??Separation of power: judiciary interprets laws and resolves disputes scarcely it is not so-called to relieve oneself law. (Art. 85)?Declaratory Theory: judge only defend law, ?jus dicere, non jus d are,? to swan the law, not to do it. ** Judges do make law PASSIVELY. There mustiness be a case coming before a court before a judge can make law. ?Sara: Ho wever, ?because of the actual process of the system: i.e. precedents, there are chances that resolve make law as well.??(Dobison & Roebuck, 2001): ?It can be said that law is besides 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, potpourri it, create it, make it; the common law is judge-made law and thence identical to what the judges say it is.

? (Wesley-Smith, An Introduction to the Hong Kong Legal System, 1998)? rationalist explanation: ?Judges accept law-making authority by celibacy of their office; given that we, including judges, are ob liged to obey the law and that the law is au! thoritatively declared 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 popular v Shun Shing body structure [1986]... If you want to get a full essay, order it on our website: OrderEssay.net

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