How Law Should Be Applied

“The integrity should simply involve the application of system of logical system to the facts of a grimace. It should not involve the application of personal determine”. In the medical negligence case Harriton v Stephens1 there appears to be two very different views on how the rightfulness should be applied to come to a decision. I would decide the case incomplete on policy grounds, the common uprightness 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 flesh 18 sufficiently similar to this case to assist in resolve it, but on logic”. 2 “The sustenance 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 exult 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 required as well as consideration given to justness McHughs recommendations for discriminatory rule. The issue of Precedence is also applicable to this argument.

It is by feel at these four issues that it becomes app arnt, that both judges, judicial method or “style” are not so some(prenominal) typeset or incorrect, but in fact gratifying methods of applying law. The role of the Judiciary can be outlined by the statement “A judicial decision must b! e 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 judge 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 quit Association Conference, The goodish Justice M H McHugh had this to govern on judicial method. Judicial method must serve...If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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