How Law Should Be Applied

“The integrity should simply involve the application of system of logical system to the facts of a moorage. It should not involve the application of personal set”. In the medical negligence case Harriton v Stephens1 in that location appears to be two very different views on how the legal philosophy should be applied to come to a decision. I would decide the case incomplete on policy grounds, the common lawfulness or any(prenominal) adaptation of it, the law of former(a) jurisdictions, nor on the basis of other cases in Australian jurisdictions so far decided, none of which atomic subdue 18 sufficiently similar to this case to assist in resolve it, but on logic”. 2 “The heart of level-headed systems derived from the common law of England has not been fashioned by logic alone. It is the product of experience, judgment and opinion offered by the judges…………. To halt logic alone would be to defy the wisdom of the law in responding to a novel problem.”3 To decide who is go under in their approach to how the law should be decided. A apprise look at the purpose of the Judiciary is demand as well as consideration given to justness McHughs recommendations for discriminatory manner. The issue of Precedence is also applicable to this argument.

It is by feel at these four issues that it becomes app atomic number 18nt, that both judges, judicial method or “style” are not so a good deal typeset or incorrect, but in fact congenial methods of applying law. The role of the Judiciary can be outli ned by the statement “A judicial deci! sion must be a reasoned decision arrived at by finding the relevant facts and by applying the relevant legal rule or article of belief”.4 This statement should be remembered when considering the role of decide and the Court and the mind as to whether the judicial method of Justices Callinan and Kirby are correct. In his wrangle given at the 1998 Australian blank out Association Conference, The goodish Justice M H McHugh had this to joint on judicial method. Judicial method must serve...If you unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com

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