HLTH3000 Lecture Notes - Lecture 5: Ratio Decidendi, Appellate Jurisdiction, Trial Division
Document Summary
Promotes fairness, transparency and quality before the law. All people, inclusive of government must be rules by the law and obey it. Certainty; generality- impersonal and equality - everyone is the same before the law. Provides a right to be head - procedural fairness. Puts the law into operation, e. g. police and corrective services. Cases involving essentially the same material facts should be decided the same way. Judges, in inferior courts re required to follow the ratio decidendi (reasoning for the ultimate result in judgement) of superior court. For example, a judge sitting alone in the magistrates court must apply the common law interpreted but the district court. Constitution - passed as part of a british act of parliament in 1900. Final court appeal - s. 73 of the constitution confers appellate jurisdiction on itself exercising its original jurisdictional, federal courts, courts exercising federal jurisdiction, and state supreme courts. Deals with a wide range of ares of law, including.
