judicial decision can make a law but cannot alter it , where a decision is taken by the higher judiciary , it is the duty of subordinate to follow the same .elaborate
Question
judicial decision can make a law but cannot alter it , where a decision is taken by the higher judiciary , it is the duty of subordinate to follow the same .elaborate
Solution
The statement refers to the principle of stare decisis, a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way.
- Judicial Decision Making a Law: In many legal systems, the judiciary has the power to create law. This is often done through the process of judicial review, where courts interpret the constitution or legislation. The decisions made in these cases become precedent, which is then used
Similar Questions
Correct the incorrect sentences:a. Judiciary cannot strike down the laws made by the Parliament.b. The predecessor of the Supreme Court of India was the Supreme Court of Calcutta.c. Judiciary has the right to interfere into the other organs of the government.d. The Rajya Sabha is usually elected once every five year.e. The judiciary's approval is crucial for the government.
Which type of law includes decisions of higher courts on questions of law and is usually binding on other courts? A. Subsidiary legislation B. Executive Instruments C. Judicial precedents D. Bye Laws
Inferior courtsGroup of answer choicesare established by the President to relieve the workload on the Supreme Courtare created by the Supreme Court to minimize the workload of the justices and take advantage of specialization to produce better decisionsare lower-level courts designed to handle litigation that exercise the same power of judicial review as the Supreme Courtare established in Article III of the Constitution
How does the doctrine of judicial review uphold the rule of law?
The Supremacy clause gives the Court the power to overruleBureaucratic ActionsState LawsPresidential ActionsCongressional laws
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