Key Elements of a Judgement and its Role as a Source of Law

This article explains the key elements of a judgement and explores how it can be a source of law. It discusses the concept of judicial creativity and the role of binding precedent in the English legal system. It also examines the advantages and disadvantages of interpreting words in their most usual meaning and in a common sense way. Additionally, it highlights the drawbacks of the Mischief Rule. The article also provides examples of legal documents and cases related to the English legal system.

English Legal System

Question 1: With reference to judicial creativity, explain the key elements of a judgement and
how, if at all, it can be a source of law
Answer: Judicial precedent considers as one of the main source of law, where judges
refer back to past decisions that create law for guidance to resolve future cases. It includes key
elements like binding precedent which is mainly based on the principle of “stand by decided
matters”, i.e. it is created when facts regarding with a latter case is similar to the previous case'
facts. Therefore, being a rigid doctrine of precedent, every court in UK is bound to follow
judgements or previous decisions taken in past cases by other courts.
Question 2:
a) Briefly explain which domestic courts can overrule, distinguish, disapprove and reverse
previous decisions and when this is possible.
Answer: In order to make decisions of present case, as every court seems to be bound to
apply previous laws of those cases which have similar facts, where final decisions have been
taken by superiors. But it sometime create conflicts for judges to make decisions regarding with
which needs to follow or reject. In this regard, The Court of Appeal has right to reverses the
decisions made by High Court, while decisions of Court of Appeal can be overruled by Supreme
Court in case when House of Lords have used their power to overrule the past decisions of own,
under Practice Statement.
b) Comment on whether it could be viewed as positive or negative that the House of Lords in R v
Shivpuri [1986] overruled Anderton v Ryan [1985]
Answer: As it has seen from present case that House of Lords have taken decisions as
per appeal of R v Shivpuri [1986] and overruled the judgement of Anderton v Ryan [1985].
Therefore, it has arisen question on judgement of rejection of one law and acceptance of other.
But since, they have power for overruling past decisions taken by own, in such condition,
overruling of R v Shivpuri [1986] overruled Anderton v Ryan [1985] could be viewed as
positively.
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Question 3:
a) When judges interpret a statute, discuss two advantages and two disadvantages of words being
given their most usual meaning.
Answer:
Advantages: Words can deliver a meaning instead of the more obvious one, in this regard,
judges are albeit to the differential degrees have power to apply the meaning which they are
preferred on grounds of policy. Similarly, another advantage of interpret a statue is that judges
must choose a number of methods regarding with statutory constructions, which are based on
relative instead of absolute.
Disadvantages: As per Lord Esher, if any word of an Act of clear then judges have to follow the
same, even it lead to the manifest absurdity. Therefore, courts have to apply literal meaning of
every word regardless of any consequences which is contrary towards judicial oath, required to
do right by judges.
b) Comment on two advantages and two disadvantages of words being interpreted by judges in a
common sense way to remove absurdities.
Answer: The literal rule or words that are being interpreted by judges where they consider only
what actually the statute says, has both advantages and disadvantages. Hereby, as per
constitution, it respects right of Parliament as well as parliamentary supremacy, for making laws
is its major advantage. Along with this, it encourages the precisions regarding with ensuring and
drafting that anyone who ready English, promotes certainty. But ignoring the limitations of
language and over-emphasise on literal meaning of provisions of statutory are considered as
major drawbacks.
c) In relation to judicial creativity, highlight the drawbacks with the Mischief Rule.
Answer: The major drawback of Mischief Rule is that any prejudices may influence the final
decisions of courts.
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Question 4:
a) The Air Navigation (Amendment) Order 2017 No 1112
It makes amendments for The Air Navigation (Amendment) Order 2016, for
implementing the requirements of EU (Commission Regulation) No. 2015/340. This order
amends a number of criminal fine, for any kind of loss of communication within Air Traffic
Control.
b) Bat Habitats Regulation Bill [HL] 2017-2019
This bill has passed for making provision to enhance protection, which is available for
bat habits within vicinity of building site. It has also limited the protection for bats within
building that are used for public worship.
c) Rottman v MPC [2002] UKHL 20
It has provided powers to police to search as well as seize properties from private
premises including an arrest warrant which is assigned under S.8. Of Extradition Act 1989.
d) Parking Places (Variation of Charges) Act 2017
This bill has made to make provisions for the procedures which are being followed by
local authorities in case of varying charges paid for usage of specific parking places.
e) R v Harris [2017] EWCA Crim 1849
It refers to a renewed application regarding with leave to appeal, against convictions of
appellant on indecent assault's 12 counts.
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