Saturday, February 15, 2020
Judges Rule on the Basis of Law Case Study Example | Topics and Well Written Essays - 2750 words
Judges Rule on the Basis of Law - Case Study Example In the legal systems of any given state, judges play a very significant role. However, for the judges to work efficiently the independence of the legal system need to be upheld. This is because judges should make rulings as per the law but not the opinions of the public. Judges are also required to differ from pressures in existence if their ruling is to be regarded as fair. In any given case, pressure from either group of people or individuals should not deter the judges from making their rulings according to the law (Reavley, 2002). However, there is an argument made that the government is a human affair. Contrary to the fact that the judge should rule in accordance to the law, critics made argue that people are well ruled if the judges understand the peopleââ¬â¢s thinking as well as put into consideration their opinions. They further argue that there is a danger that arises if the law and justice become rigidly bound to recorded laws or statutes. This raises an urge for the jud ges to put into consideration the publicââ¬â¢s opinion (Bingham 2011, p.13). Judges should restrict their ruling on the basis of law only without being driven by any public opinion. However, judges should not only rely on only the written statutes and laws and this calls for them to seek public opinion as well as what the public thinks (Reavley, 2002). In Case [2012] EWHC 2381 (Admin), there are tragic cases in consideration. The cases presented the society with ethical and legal questions of a unique and difficult kind. The cases also raised some constitutional questions which called for the attorney generalââ¬â¢s intervention. The court was forced to invite the attorney general. The cases involved two claimants who suffered from catastrophic physical disabilities. However, the claimantsââ¬â¢ mental processes were unimpaired by the fact that they were fully conscious of the predicament they were going through. Both of them suffered a locked-in syndrome.à Ã
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