As noted earlier in this chapter, the English frequent-regulation tradition placed great emphasis on precedent and what is called stare decisis. A courtroom considering one case would really feel obliged to determine that case in a way similar to previously determined cases.
This tension can serve us well if we comply with Griffiths’s advice and think about “legalness” as a variable quite than thinking of “legislation” as a special, definable phenomenon. The advanced body of substantive and adjective guidelines at completely different levels comprise a authorized system. Opportunities for members of the scientific and authorized communities to engage in ongoing consideration of points at the interface of science and law are restricted.
In instances of pure decisional legislation, there isn’t a relevant statute or constitutional provision that applies. Court level or hierarchy defines to a fantastic degree the extent to which a choice by one courtroom may have … Read More