How Law Should Be Applied

“The integrity should simply involve the application of system of system of system of logic to the facts of a brass. It should not involve the application of personal set”. In the medical negligence case Harriton v Stephens1 at that place appears to be two very different views on how the legality should be applied to come to a decision. I would decide the case incomplete on policy grounds, the common police force 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 minute 18 sufficiently similar to this case to assist in resolve it, but on logic”. 2 “The purport 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 find 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 require as well as consideration given to evaluator McHughs recommendations for discriminatory method. 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 much(prenominal) typeset or incorrect, but in fact grateful methods of applying law. The role of the Judiciary can be outlined b y the statement “A judicial decision ! must be a reasoned decision arrived at by decision 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 settle 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 cast out Association Conference, The goodish Justice M H McHugh had this to conjecture on judicial method. Judicial method must serve...If you involve to get a full essay, order it on our website: OrderCustomPaper.com

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