1 The Speluncean Explorers-Further Proceedings* by Anthony D'Amato, 32 Stanford Law Review 467 (1980) Code A80a Lon L. Fuller's The Case of the Speluncean Explorers [FN1] is a classic in jurisprudence. Set in the Supreme Court of Newgarth in the year 4300 the case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Professor Fuller in 1949 are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point- the "rights thesis" as advanced by Professor Dworkin and others. [FN2] Simply stated, the rights thesis holds that there is a "right" answer, and only one right answer, in every case. The litigants have a "right" to that and finally-to add one more shade of meaning to the comprehensive term "right"-the answer thus arrived at is dictated by general requirements of justice.
LAW 421 wK 1 Role and Functions of Law Albert Weyant LAW/421 November 05, 2012 Taleed El-Sabawi Ethical Issue in Business Rules are always used in every style and gathering. Rules have been in place at the very start of life. The rules used generate from the express knowledge of man for what his or her needs and concerns are. The Government has implemented laws into the Constitution to enable the country to have knowledge of how the country is to operate. Those rules (Laws) change as society changes, and citizens can adjust the way they want to enforce them.
Constitution Timeline Grand Canyon University Arizona and Federal Government POS-301-O101 October 05, 2013 Constitution Timeline In this narrative I have clarified and recognized the important characteristics of each of these events and documents that were important for the development of the United States Constitution. The topics that would be discussed are: “the Magna Charta, Mayflower Compact, Declaration of Independence, Articles of Confederation, and last the Federalist Papers” (GCU Lecture, 2010, para. 2-6). All of these events and document led to the creation of the United States Constitution. “Magna Charta (1215) also called The Great Charter, is considered one of the most important documents in the establishment of democracy, its influence can be seen throughout the United States Constitution and the Bill of Rights”(GCU Lecture, 2010, para.
Constitutional Law Unit 2 IP Abstract The author of this paper compares three similar provisions in the U.S. Constitution and the Articles of Confederation. She discusses how these provisions have served to make the federal government more responsive to the needs of the people. She outlined the major philosophical themes of the U.S. Constitution and the Articles of Confederation and she references directly from the two documents to support her statements. The US has operated under two Constitutions. The Articles of Confederation is our nation’s first constitution.
Do you agree or disagree with this statement? Discuss fully the reasons for your answer. I agree, we the people elect officials into a higher office the make the laws that we need to live by. I don’t feel that no one person should have that much power to make laws, uphold laws, and apply laws as they see fit. #1.
I. Introduction The United States Supreme Court is the most watched and researched court in the country, if not the world. Its opinions are available in many formats, and many primary and secondary sources are available for research into the Court's decisions and the Court itself. In fact, the Court is so important that under Bluebook Rule 8, it is the only court where a capital "C" must be used any time the Court is mentioned. Supreme Court resources are often organized by term.
The American people have now realized their powers and they have given opinions on the cases concerned with the constitutional laws and public rights. The court too has valued the public’s opinion and hence the power of public decisions has shown that the supreme power is the public and they are the deciders as they are aware to decide right or wrong. Decisions can be located at points along a continuum from structured to unstructured. Unstructured decisions requires managerial judgement and consideration of unquantifiable factors. They may also require consideration of qualitative factors, ethical judgement or simply personal taste.
------------------------------------------------- Judicial Precedent One of the requirements of a legal system is that its court decisions are consistent, so that litigants can predict the likely outcome of cases on the basis that like cases are treated alike. This system is known as binding precedent, which requires judges to follow the decisions of previous cases. The decisions in cases in the higher courts (High Court and above) must be followed by all lower courts – therefore the House of Lords binds all other national courts. Where decisions of the higher courts do not constitute binding precedent, they are often said to be persuasive. Decisions of the Privy Council are not binding on other courts, but are often persuasive and followed.
One can distinguish between the effect of the Act in the courts, its effect on Parliament, its effect on public authorities, and its effect on people and groups in society. These are related but distinct areas. All are important, having regard to three factors. First, the Government intended the Act to do more than provide legal remedies for violations of Convention rights. It hoped that the Act would introduce a culture of human rights in the public service, as the rights were ‘mainstreamed’ and became an intrinsic part of decision-making and planning in all parts of the public sector.
However, in the last several decades, federal courts have litigated an increasing number of school cases. Federal Courts In part, Article III, Section 1, of The United States Constitution provides that: “The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish (Constitution of the United States,