Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.
Date Submitted: 10/22/2003 20:56:24
Category: / Law & Government / Law Issues
Length: 7 pages (1945 words)
Category: / Law & Government / Law Issues
Length: 7 pages (1945 words)
The statement seems at first glance to offer a much generalised and often contested view of the separation of powers embodied in constitutional theory. That is to say that Parliament makes laws and the judiciary as slaves to the rules, should simply apply them to a particular case. This perhaps is what 'ought' to happen, according to the fundamental nature of rules and the impression that word 'rule' renders; i.e. that following a particular …
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…ncept of Law, Clarendon Press 1961 [7] re: Lord Denning MR, Shaw L.J, Sir George Baker; in Davis v Johnson declared themselves not bound by earlier decisions of the Court in B v B and Cantliff v Jenkins.
[8] Cunning L.J Bruce in the above case deemed himself bound by the previous courts decision in respect of the two cases cited above.
[9] Davis v Johnson 1978 1 ALL ER 1132 [10] Farrell v Alexender 1976 Q.B 345 Scarman L.J commenting.
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