Judge-made law in HK

What is Judge-made justice/ carapace police force??Case integrity= cases, precedents, cases passed in Hong Kong beforehand & 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 practice of practice of law? shall be maintained. ** Case Law/ Doctrine of precedent is an inherent set about of the common law placement. ?Precedents in England and early(a) common law jurisdictions, though non-binding and with English precedents in particular, befool significant compelling effects on Hong Kong courts (BL art. 84)Do settle actually compensate law??Separation of power: judiciary interprets laws and resolves disputes plainly it is not so-called to apply law. (Art. 85)?Declaratory Theory: settle only defend law, ?jus dicere, non jus d are,? to swan the law, not to cede it. ** Judges do make law PASSIVELY. There essential be a case coming before a court before a judge can m ake law. ?Sara: However, ?because of the actual process of the system: i.e. precedents, there are chances that settle make law as well.??(Dobison & Roebuck, 2001): ?It can be said that law is besides created by the decisions of the higher courts through their applications and interpretation of common law principles and legislation.??Realist Theory: ?Judges, when developing the law, alter it, create it, make it; the common law is judge-made law and so identical to what the judges say it is.? (Wesley-Smith, An Introduction to the Hong Kong Legal System, 1998)? incontrovertible explanation: ?Judges accept law-making authority by virtue of their office; given that we, including judges, are obliged to obey the law and that the law is authoritatively 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 Shi ng kink [1986]... ! If you want to get a full essay, order it on our website: OrderEssay.net

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