Explain how the doctrine of judicial precedent operates and

Question

Legal studies:

Question 1- 'When a judge makes a decision on a particular aspect of the law, this will be recorded and other judges are obliged to follow this decision in subsequent cases' Wood et al (2011) Law and the Built Environment, Chichester: Wiley-Blackwell.

Explain how the doctrine of judicial precedent operates and discuss how the judiciary may avoid the rigidity of the doctrine. 600 words.

Question 2- The constitutional theory is that Parliament is the supreme source of law in the UK and that the judiciary's role is to put into practice what Parliament actually intended, rather than what the judges themselves might think is the best interpretation in the case before them.

Examine the role that judges play in interpreting UK legislation (both primary & delegated). 600 words.

Question 3- In Dunnett v. Railtrack(2002) the Court of Appeal effectively made mediation compulsory in civil litigation by warning of the cost consequences for litigants who refused to take up an offer of mediation. However, in 2004 the Court of Appeal in Halsey v .Milton Keynes General NHS Trustrealised that it was imposing an unacceptable obstruction to unwilling parties on their right of access to the court.

Compare and contrast the strengths and weaknesses of litigation and mediation and summarise why the Court of Appeal considered it was going too far when it attempted to impose mediation on unwilling litigants. 900 Words.

Answer 1

The assignment is all about the legal studies. Keeping in mind the basic principles, respond to the following questions in around 600 words for each. Q1. Whenever a judge makes a decision on a specific aspect of the law, this will be recorded and other judges are compelled to follow this decision in following cases' Wood et al (2011) Law and the Built Environment, Chichester: Wiley-Blackwell. Describe how the doctrine of judicial precedent operates and illustrate how the judiciary might evade the rigidity of the doctrine. Q2. The constitutional theory is that, Parliament is the supreme source of law in the United Kingdom and that the judiciary's responsibility is to put into practice what Parliament in reality intended, instead of what the judges themselves may think is the best interpretation in the case before them. Analyze the role which judges play in interpreting UK legislation (both primary and delegated).