The Tools And Techniques Of Judicial Creativity And Precedent

  • Additionally, judges can also exercise judicial creativity by expanding or developing already existing law. For example, in Ireland the offence of assault was held to include mental harm and more recently there has been a ruling in the case of Dica 2005 that the purposeful transfer of HIV constitutes GBH.
  • 1.3 The tools and techniques of judicial creativity and precedent. 1.4 Legal development and creativity through legal reasoning under statutory and codified systems. Special Dimensions of Judicial Process in Constitutional Adjudications. 2.1 Notions of Judicial review. 2.2 'Role' in constitutional adjudication various theories of judicial role.

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The tools and techniques of judicial creativity and precedent. This article illustrates how the above-mentioned methods work and what they produce from important precedents from the nineteenth twentieth and twenty-first centuries are considered. Judicial process as an instrument of social ordering, Judicial process and creativity in law-common law model-Legal Reasoning and growth of law-change and stability, The tools and techniques of judicial creativity and precedent, Leaal development and creativity through legal reasoning under statutory and codified systems.

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