Precedent and stare decisis in hong

Connotations There are three important connotations to the term.

Precedent and stare decisis in hong

One of the most difficult aspects of studying law is coping with legal terminology of understanding the different ways in which terms can be used, as for example, the term common law.

Common law - Wikipedia The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere:
Search form Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. Other commentators point out that courts and society only realize these benefits when decisions are published and made available.
This anniversary edition revisits all previous PHRLDs, containing two additional sections, with updates to cases and comprehensive indexing to assist greater accessibility to all editions.
It refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters.

The term common law can be difficult to define as it is used in two different ways: The first connotation distinguish the authority that promulgated a law. The interaction between statute and common law also raises many questions.

Some statutes are intended to supplement the general law, representing only a marginal intrusion into general law principles. Others are intended as substitutes for general law principles whether through a form of codification or by creating new rules and principles [2].

In this context is interesting what relation is between statute law and codified law. It is useful to remember that statute or statutory law is written law as opposed to oral or customary law set down by a legislature or other governing authority such as the functioning of government, improve civil order, to codify existing law, or for an individual or company to obtain special treatment.

The term codified law is sometimes used as a synonym for statutory law in general. It should be also added that the specific feature of common law is following: It should be remember that common law is a law created and refined by judges: When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent.

The second connotation explain the fundamental difference between the two systems lies in the fact that most civil law jurisdictions have written codes which are designed to cover every area of law. Common law systems, on the other hand, are based on judge-made law, which is developed on a case by case basis, although particularly in technical areas statutes play an increasingly important role.

It is commonly said that a common law and civil law legal traditions share similar social objectives individualism, liberalism and personal rights and they have in fact been joined, as already mentioned, in one single family, the Western law family, because of this functional similarity[5].

It should be also added that the historical roots of two legal systems critically influence the major differences, because the common law traditions sees law as an instrument only to limit state government, whereas according to the civil law tradition, it limits but also empowers state government. If the constitution is seen as an instrument not only to limit state power but also to empower state agencies to change the society, it may have a different, more direct effect upon development process.

Precedent and stare decisis in hong

It may have two totally different meanings according to the country tradition: The next major difference between the both legal systems are indicated below, in the table 1. Comparative analysis of major features of the common law and civil law systems.

Prepared on the ground of a publication: Butty and based on a text by Professor Th.

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Comparison of some differences between common law and civil law systems.Open Textbooks for Hong Kong. Example of Stare Decisis and Use of Precedent. 30 September, - Rules of Stare Decisis and Use of Precedent.

Example of Stare Decisis and Use of Precedent. Case Citation. Case Briefing. KEY TAKEAWAYS. EXERCISES. End-of-Chapter Material. One of the most difficult aspects of studying law is coping with legal terminology of understanding the different ways in which terms can be used, as for example, the term common law..

The term common law can be difficult . Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent..

Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and. This article is part of a series on the politics and government of the United Kingdom.

The justification for precedent and stare decisis is established well in the case “US supreme Court Planned Parenthood” case (US supreme Court Case Planned Parenthood v Casey ) where the Court pointed out that “there is a point beyond which overruling would over tax the country’s beliefs in the Court’s good faith and the.

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Precedent and Stare Decisis in Hong Kong: the Case of Transgenders