Legal Systems in the Commonwealth

Describe your understanding/appreciation of the term roughhewn law.

The special K law has always been an important source of law deep down a legal dodging. In the Commonwealth Caribbean legal system the common law derived itself from the colonial system as it existed in England unifying itself into a common system applicable common to all men allowing it to grow on a independent basis and develop as nations develop.

Judicial Precedent-
Central to the arbitrariness of a common law system is the doctrine of origin, to a greater extent so stare decisis (let the decision stand) where a judge is curtail to follow earlier decision. So it follows that where no applicable legislative act the judge must look for the rear precedent.

Precedents can be binding or persuasive in nature. Obligations arise with binding precedent as enunciated in London Tramcars Co Ltd v London County Council. Lord Halisbury stated, a decision of this phratry once given upon a point of law is conclusive upon the House afterwards, and it is impossible to raise that question again as it if was reticuloendothelial system integra and could be re-argued. Failure to follow can lead to the quashing of a decision Re State v Walters.

This doctrine has allowed for proof and predictability in the law assisting citizens and their advisors in ordering their affairs.





Persuasive precedent-
besides if of guidance and based on legal principles from judgements or arguments. much(prenominal) principles may even emanate from courts lower in the pecking order or outer jurisdictions. Thus, an Appeal decision in Jamaica is only persuasive in Trinidad and Tobago.

Disadvantages to the system of precedent exist and includes the luxuriant volume of reported cases, making the location of legal principles difficult. in that location is also the danger of illogical, technical distinctions in the process of distinguishing precedent which leads to excessive legalism and sometimes absurdity. Dangers that beneficial legal change is avoided in favour of the status quo also exist....If you want to get a full essay, order it on our website: Orderessay



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