Creativity in law through judicial process is one area that is greatly benefited by the innovative and creative interpretation of the Supreme Court and Judicial creativity essay plan Courts. The activist judges to an extent laid down law to fill the vacuum created by the legislature.
Article 21 which had lain dormant for nearly three decades has been brought to life and has assumed a highly activist magnitude. Judges have power and right to make law.
The judge has constantly to be a creative artist. This case has acted as a catalytic agent for transformation of the judicial view on Article This is explicitly inferred from thcreative, dynamic, activist character of the judicial process in cases of class action and public interest litigation.
On the contrary, it is also possible that in the process of creativity and innovation, there could sometimes be some errors, but such errors could be corrected or modified or refined either in appeal, or in a latter case, and the latter judgment would be one step more in the progress of the law.
Partly because of influence of EU law which is drafted in general terms and judges are seen to have to fill in the detail. Original Precedent - Judge creates law through legal reasoning, presuasive precedents and argue from analogy. In matters relating to environment, where irreversible damage may be done unless the actions of the authorities are immediately corrected, the court may take prompt corrective measures, but not take over the administration itself or supplant the law.
For example, in the case of Jones v Tower Boot Company Ltdif the Court of Appeal judges had adopted the literal approach Tower Boot Co may not have been liable for the racial abuse of employees on their premises. The judicial activism has flourished in India and has acquired enormous legitimacy with the Indian public.
The judges assuming an activist role applied their creative skills by introducing very many number of principles of interpretation of Constitutional provisions, especially in respect of the provisions relating to fundamental rights.
They can only create or change law when a suitable case is taken to court. Therefore the employers were liable. Overruling - Higher courts can overrule decsions from lower courts.
Judicial prescedence requires detailed and accurate law reports. This paper attempts to trace out the evolution of judicial activism in India and the pro-active role played by the higher judiciary in applying judicial creativity for interpretation of the Constitution.
The main reason for this being that Members of Parliament are democratically elected to make law. It is unreasonable to expect Parliamentary draftsmen to be able to anticipate every conceivable interpretation, and misinterpretation, of their words.Judicial creativity is basis of judges Introduction This essay will argue that judicial creativity is the basis of judges' practice of the common law (‘judge made law') and also has an influence on enforcing positive law enacted by Parliament.
Revision plan for essay on NFO and reforms. Title: Revision plan for essay on Judicial Creativity Author: Mark Last modified by: Winstanley College Created Date: 6/12/ AM Other titles: Revision plan for essay on Judicial Creativity.
This is an A level essay on the operation of the doctrine of Judicial Creativity and how creativity is affected by the legal system we use today, in England and Wales. AQA A Level Law (A2) Unit 4 Concepts of Law essay - Judicial Creativity.
Full essay plan with examples/cases that can be developed into a full mark essay.
Intro- common law is created through the doctrine of precedent. There are many feature of judicial precedent which enable the system to work effectively.
Some allow judges to show creativity and develop common law, however some restrict this. - Hierarchy of courts-lower courts are.
Judicial prescedence requires detailed and accurate law reports. Nothing anti-democratic in judicial creativity as long as Parliament has the right to ultimately overrule decisions. Statute Law trumps Common Law. judicial creativity essay plan.
/ 5. Teacher recommended. Positives and Negatives of Judicial Creativity (6).Download