in essay concerning human understanding gutenberg the case of Re Al-Fin Corporations Patent 62 where it was held that Foreign Office certificates are not considered as conclusive in the interpretation of statutes or the construction of documents. It is inevitable that the escalating permeation of international legal rules within domestic systems influences the way English law reacts to jus gentium. It is the interpretation of statutes that creates precedent, and where possible it should be binding so that English Law remains fair, consistent and efficient. So, it is a doctrine of stare decisis, or it may be also called as a binding precedent, ensuring a relatively uniform approach to the law despite the cases that come before different judges. Hence, the general rule is that all courts are bound to follow the decisions that are made by the courts higher than themselves in their hierarchy. Yes, unless it is distinguished he or she has to follow. Avoiding precedent disadvantages the consistency of case law and the certainty which it brings, where one could be sure of an outcome based on what has come before. The Act 1998 makes available in the UK courts a remedy for the breach of a Convention right, not featuring the need in going to the European Court of Human Rights in Strasbourg. When making an original precedent one must be careful as this will have an impact on all future similar cases, in Hunter and others v Canary Wharf Ltd and London Docklands Development Corporation (1995) there was no precedent case so Aldreds Case (1611) and the.
With regard to the role of the English judiciary, Capps supports that it acts as a gatekeeper between the international and our domestic legal order. . As we have seen, the international legal machine takes heed of municipal rules and at the same time in the United Kingdom judicial notice is taken of the rules of public international law. One could say that here common sense remedied the previous uncertain state of the law which concerned back street abortions, however this case points to legislation being rewritten rather than interpreted as it was outdated. 33 Customary International Law Approach Moreover, we need to analyse the status of customary international law in the English legal system to find out its relationship with the law of nations. Persuasive precedent may also come from a lower court such as in R v R (1991) where the House of Lords held the decision of the Court of Appeal. Therefore, the opposing schools of dualism and monism do not adequately reflect actual state practice. . R v Goodwin (2005) attempted to equate a jet-ski to a ship and convicted under the Merchant Shipping corporal punishment in south african schools essay Act. The situation was different in R v National Insurance Commissioner ex parte Connor (1981) but due to the precedent set in Sigsworth would have led to an injustice. It is evident that even Security Council decisions are not self-executing and in the case of UN sanctions they can be only enforced as a consequence of this piece of domestic legislation with which the Crown can adopt Orders in Council. The justices interests require impartiality from every judge as well.
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