Importance Of Order And Justice In Human Society
1) DECISION PER CURIAN:
A per curian is a court opinion issue of in the name of the court rather than specific judges. Leost decisions on the merit by the court take the form of one or more opinions written and signed by individual justice. Often, other judges /justice will join these opinionn ,even when these signed opinion one unanimous , they are not per curiam , as the judges/justice mames still appear.
Per curiam decisions are given that cabel by the court issueing opinion and these opinion tend to be short yhe opinion will typically deal with issue which the issueing court views as relatirely von controversial.
2) IMPORTANCE OF PROCEDURAL LAW
It comprises of the set of rules that governs the proceding of the court in criminal cases as
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:criminal procedure code ,evidence act. Civil procedure code.
3) NEED FOR ORDER AND JUSTICE IN LUMAN SOCIETY:
The main function of every legal system in the world is to ensure order and justice is maintained in the society so that peace and tranquility is kept in the society. Order and justice primarily keeps the equity in the society . it ensures that every person is entitled for his fundamental rights regardless of his social stature. A person may be poor andmarginalised but this does not make the person disqualified from excercising his rights for which he is entitled to justice ensures that person having high social statue but this is not at all enough for him getting away from his wrong deed.
4) POSITIVIST SCHOOL OF LAW:
This theory was formulated by hort. This theory on the one hand build. On And , on the other hand , makes important modification in the theories of austin and kelsen . in this theory, he bridges the age old conflict bet. The theories of law empjassing recognition and social obedience as the essential characteristics of a legal norm , and these that see the distinctive characteristics of law in the correlated element of authority , commond and sanctions.
SECTION –
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WHAT IS RATIO DECIDENDI AND WHAT IS DISTINGUSING? EXPLAIN WITH A COMMON ON THEIR IMPORTANT.
Judicial precedent is one of the important sources of law . it is a distinguising features of the english legal system because most of the common law is unwritten and precedent have a binding force on judicial tribunals for deciding similar case in future in continental countries like germany , italy , judicial precedent has only instructive / persuasive value on the other hand in english legal system it has authoritative important . it is in fact a legal source of law which the court are bound to follow.
In india , all HCs of the state are bound by decision of the SC and all courts subordinates to a HCs is not binding on another HC . it only has persuasive authority . A decision generally has 2 aspects namely –
1) What principle it lay down on the rule of law which it becomes an authority .this is generally called the ratio decidendi of the case
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