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Is there a limit to the creativity of judges?
A theoretical issue which casts doubt over precedent as a limit to judicial creativity is that for a given set of facts there may be two precedents, apparently of equal viability, which are irreconcilable in terms of outcome.
When was the concept of judicial activism born?
The concept of judicial activism which is another name for innovative interpretation was not of the recent past; it was born in 1804 when Chief Justice Marshall, the greatest Judge of the English-speaking world, decided Marbury v. Madison1. Marbury was appointed Judge under the Judiciary Act of 1789 by the U.S. Federal Government.
Is the common law the basis of Judicial Creativity?
You should not treat any information in this essay as being authoritative. This essay will argue that judicial creativity is the basis of judges’ practice of the common law (‘judge made law’) and also has an influence on enforcing positive law enacted by Parliament.
How are judges supposed to apply the law?
For judges to make law, their approach to an area must seek a result which is in some way incongruous with the result prescribed by prior sources of law. This includes departures from precedent or teleological interpretation of statute. Does Precedent Bind Judges To Applying The Law?
Last Update: Oct 2021
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This picture representes judicial creativity essay plan.
This image representes Stages of judicial process.
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This image representes Elements of judicial procedure.
This image illustrates Examples of judiciary.
This picture representes Judicial process topics.
This image representes Administration of justice and judicial process.