The tools and techniques of judicial creativity and precedent

A lesser bench is when the number of judges is lesser than those that decided the case that the new bench will be basing their decision on. These are nothing but previous legal decisions that have been taken by judges in similar cases in these courts that provide an outline as to what must be held in similar cases that arise before the court or similar cases that arise in lower courts or similar cases that arise before a lesser bench. It is binding or advisory on tribunals and courts when a similar case with similar facts arises before it. In the absence of any one of these, the decision will be held to be arbitrary or unconstitutional and eventually struck down.ДЄ precedent is a principle or a rule that was declared or laid down in a previous legal case. Justice, equity and good conscience have always been what law and decisions must be based on. Treaties and conventions on an international level are also used to make law as with increased globalization, all the countries are required to interact with each other more than before. Judicial precedents based on the principle of stare decisis are also a source of law as they offer a backbone or support to rely on, in cases with similar facts. Laws are a reflection of society and this makes it necessary to include the various customs of the parts to protect the interests of a diverse culture. This kind of inheritance or passing down from generation to generation is what constitutes a custom. These have been carried down from generation to generation and have been in practice since time immemorial. Customs form another important part of the law. It is one of the primary sources of law and has a huge ambit with regard to authorizations.

One of the sources of law are legislations which mean вЂrulemakingвЂ™ in Latin. While interference can be natural to hold checks and balances, such interference cannot be done with any malafide intention.

These organs function in tandem and are required to not interfere in the fields that are carved for another organ. The insecurity that is felt among people once the concept of property and ownership came in was done away with the help of law that placed three organs the legislature to make law, the executive to implement it and the judiciary to adjudicate on matters. The right to exercise oneвЂ™s right stops when it infringes upon the right of another. Law in layman terms is nothing but a set of rules and regulations that we as a society agree to follow so that we do not infringe on the rights of others and can safeguard our own rights. There are many sources from which we derive what we know to be as law. Merits and demerits of judicial precedents.

The tools and techniques of judicial creativity and precedent