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Faiblesses de l'élaboration des lois par les tribunaux

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  • Notes d'étude
  • Révisions du sujet
    Worladem S.
    GH
    Worladem S.

    1,why can the court not seek assistance from specialist or expects in designated fields prior to establishing a law? But the court cannot know everything? 2, How come the parliament which is the main law making body lacks expertise in law making and rather courts that have law making as a secondary role have the experts in making laws? Does this not lead to contradiction in roles and functions?

    Charles M.
    GB
    Charles M.

    The weaknesses of law making by Courts include: • Courts can only make laws when a case comes before them and needs to be resolved • Courts only deal with present and pass injuries, not future injuries • Courts may be expensive and time consuming and subject to delays • Courts are not elected and therefore do not represent the will of the people • Courts may have to deal with out of date precedents that could cause problems • Courts often produce long and obtuse judgments • Courts may produce too much case law that causes difficulty in knowing what the law is • Court law making may be overruled by higher courts or Parliament • Courts are not allowed expert or specialized advice when making new laws

    Sorie T.
    SL
    Sorie T.

    Thanks

    Sophal S.
    KH
    Sophal S.

    Thank so much.

    Peter Awuni A.
    GH
    Peter Awuni A.

    List three limitations of the courts

    William James P.
    FJ
    William James P.

    What if a precedent was infavor of the wrong, this could be a weakness also, don't you think?

    Joseph S.
    UG
    Joseph S.

    what are the effects of the weaknesses of law making by court

    Joseph S.
    UG
    Joseph S.

    Weaknesses of Law-making by Courts Courts can only make law when a case arises for resolution are often conservative rather than progressive in adapting the law to meet new situation,: i.e. courts are often reluctant to adapt precedent to new circumstances often only make law when a case reaches the appellate level, yet few litigants can afford the time or delay in a case reaching this far are often too expensive and slow for a potential case to be litigated by an aggrieved party often make law 'ex post facto' (after the event), which may be unfair to parties affected by their decisions often produce lengthy and difficult to understand judgments produce a large volume of case law, making it difficult to know exactly what the law is in a certain area do not make 'final' law, i.e. laws established by courts are subject to overruling later by higher courts or by parliament in enacting overriding legislation cannot seek assistance from specialists or experts in designated fields prior to establishing a new law

    Nelson A.
    KE
    Nelson A.

    Define the term ext post facto

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Weaknesses of law-making by Court can only make law when a case arises for resolution.Its often only make law when a csae reaches the appellate level, yet few litigants by an aggrieved party.

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