Judicial precedent is a statement of law made by judges in the higher courts. It is based on the common law principle Stare Decisis which means to 'stand by the decision'. It was modified by the Supreme Court of Judicature through the Judicature Acts 1973-75. When making a decision, judges look to a judgement which is split into two parts. Ratio Decidendi which is the reason for the decision and Obiter Dicta, anything else said.
In this essay, first the arguments of the Federalist Paper and the Supreme ruling of Marbury v. Madison will be discussed. Then these two sources will be compared and the similarity and difference will be clarified. Finally, the necessity of judicial review in the checks and balance system and its importance will be proved. One of the most important features of the jurisdiction, Hamilton stated, was the complete independence of the branch from the other two branches. The tenure in which the judges hold during good behavior is their biggest protection and creates the separation from other branches.
From the beginning, both said that race and ethnic beliefs would not come in the way of decision making. Sotomayer made it apparent that she followed the Judicial Restraint philosophy and ultimately believe “what the constitution/laws stated is exactly how they are supposed to be interpreted”, not personal thoughts included. Thomas was the complete opposite, concluding that he followed the Judicial Activism philosophy. But, after reading research, it can be determined that no matter what philosophy that they followed, the judges background and ethnicity influenced their rulings and public
Other source of America law is administrative law it consist of rules, regulations, orders and decisions of administrative agency or governmental organization. This law performs a specific functions and rules issued by administrative agencies, since they make their own regulations it is not usually found in the statutes, with stringent procedures individuals must follow to obtain assistance from the agency and this is how administrative law is impacted. In addition, the sources that amount to mandatory authority is primary sources it refers to cases, statutes, or regulations that the court must follow because it is binding on the court. Even though, lower courts are required to follow decisions from higher courts in the same jurisdiction. Example: You are in Federal District Court for the Southern District of Florida.
The Supreme Court takes part in judicial review which is examination by a country's courts of the actions of the legislative, executive, and administrative branches of government to ensure that those actions conform to the provisions of the constitution. “Judicial review enables the courts to protect constitutional principles against attacks by elected officials” (Dye 326). Since they are not elected by the people many believe that it would be better if we had restraints on the judicial power. Justices seek both to advance favored policies and to win approval from audiences they care about. They are likely to care a great deal about their reputations among other elites, including academics, journalists, other judges, fellow lawyers, members of other interest groups, and their friends and neighbors.
Administrative law: The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. Common law: That body of law developed from custom or judicial
Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. It seems to me that statutes can be either struck down after interpretation or continue to be enforced.
This clearly shows an effective protection of liberty by judges. Furthermore, a vital protection of liberties can be exercised via judicial review. Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of a case, this would be a case for appeal courts following the above methods, judicial review is simply an examination of the lawfulness of a case. For example, in the case of Home Secretary v. AP 2010 an appeal allowing the government to detain AP on a control order
Define stare decisis. Why is the doctrine of stare decisis the cornerstone of American common law?! —Stare decisis means to stand by things decided. Under this doctrine judges are obligated to follow the presidents established by higher courts within their jurisdiction.! This doctrine is the cornerstone of american common law because it was the foundation in which the common law system was based.
Both the defendant and the prosecutor need to choose which path is best for the defendant’s best interest. The in this type of system the judge enforces the rules and ensures that both parties abide by proper courtroom