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Words: | Submitted: Tue Jun 20 2006
... context. In such circumstances, every judge can interpret the laws in his own way. This provides some possibilities of uncertainty and inaccuracy of the interpretation. A judge can insinuate his particular views and prejudices in it and, therefore, misapply the legislation and subvert the wishes of the legislature. In the Common Law legal system, "law" comes from two main sources: previous decisions of courts, and from legislation. Judges primarily contribute to the body of laws through the mechanism of case law. When making a judgement on a point of a law, a judge will look for a prior decision meeting the facts of the case before the court; this is a judicial precedent. Judges are bound to follow a preceding decision, although the mechanism allows ...
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