law making Flashcards

1
Q

two elements of ‘rule of law’s and why the independence of judiciary is important to the rule of law.

A

-one aspect is rule of law is the equality before the law.
-can be seen in the case r v chaytor states an individual must be treated equal before the law.
-another aspect of rule of law is administrated fairly
-this means that everyone is treated the same and those suspected of a crime should be treated innocent till proven guilty

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2
Q

Explain what is meant by obiter dicta and explain why it is an important feature of judicial precedent.

A

obiter dicta is also know as a judges opinion in court but is not essential to the final decision .
-One reason why obiter dicta is an important feature of judicial precedent because it allows defendants to be fairly punished even if the judges opinion of the defendant makes them want to give them a harsher punishment

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