Thursday, November 21, 2019
Judicial precedent in english legal system (U.K) Essay
Judicial precedent in english legal system (U.K) - Essay Example Criminal justice systems in any country are meant to set forth a set of rules needed to enforce law and order. These systems give operating guidelines to the enforcers of the judiciary system of an open and democratic society, and can include minimum and maximum limitations for the sentencing of criminals. Now what is the doctrine of precedent in relation to laws It is important to understand that apart from the laws set forth to control the normal behaviour of people and to restrict the criminal activities and negative tendency of individuals in a society, certain other rulings are kept in effect. These are a set of guidelines which are not meant to ensure the rational development of the law. Rather they are meant to control the judges in terms of their honesty and rationality in making practical and professional decisions in the process of implementing the law. All judges are also human beings. Negativity exists in all human beings, and becoming a judge in no way ensures that the negative element of the person has been eliminated. We have heard of so many incidents where judges have taken bribes and given decision in favor of the bribing party, be that the prosecuting side or the defendant side.
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