Monday, May 6, 2019
Judges Rule on the Basis of Law Case Study Example | Topics and Well Written Essays - 2750 words
resolve Rule on the Basis of Law - Case Study ExampleIn the legal carcasss of whatsoever given state, adjudicate play a very significant role. However, for the judges to work efficiently the independence of the legal system need to be upheld. This is because judges should make rulings as per the law but not the opinions of the normal. Judges atomic number 18 also required to differ from pressures in existence if their ruling is to be regarded as fair. In any given case, pressure from either group of people or individuals should not deter the judges from make their rulings according to the law (Reavley, 2002). However, there is an argument made that the government is a human affair. Contrary to the position that the judge should rule in accordance to the law, critics made argue that people are well command if the judges understand the peoples thinking as well as put into term their opinions. They further argue that there is a danger that arises if the law and justice become rigidly beach to recorded laws or statutes. This raises an urge for the judges to put into consideration the publics opinion (Bingham 2011, p.13). Judges should restrict their ruling on the basis of law only without being driven by any public opinion. However, judges should not only rely on only the written statutes and laws and this calls for them to seek public opinion as well as what the public thinks (Reavley, 2002). In Case 2012 EWHC 2381 (Admin), there are tragic cases in consideration. The cases presented the society with ethical and legal questions of a unique and difficult kind. The cases also raised more or less constitutional questions which called for the attorney generals intervention. The court was forced to invite the attorney general. The cases involved 2 claimants who suffered from catastrophic physical disabilities. However, the claimants mental processes were unimpaired by the fact that they were fully conscious of the predicament they were breathing out thro ugh. Both of them suffered a locked-in syndrome.
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