Please wait while we process your request

Judicial Doctrines

Published: 26th Feb 2020   |   Last Updated: 26th Nov 2024

Words: 1000    Pages: 4

This essay sample was donated by a student to help the academic community. Papers provided by Pro-Papers writers usually outdo students' samples.
Download

Understanding our legal system means you need to grasp the basic ideas behind it, including judicial doctrines. Judicial doctrines are the philosophical backbone of the court system, heavily influencing court decisions. They cover a wide range of principles like stare decisis, judicial activism, originalism, and judicial restraint, which all have specific effects on court rulings.

Historical Development of Judicial Doctrines

Before the 19th century, judges were not concerned about consistency in their decisions. Each judge applied their own understanding of the law, which led to confusing and inconsistent judgments. This approach changed when Sir William Blackstone, an English judge, suggested the idea of 'precedent.' He believed that similar cases should have similar outcomes and pushed for the recording of case decisions to create a consistent system of law. This idea began to take hold in the 19th century and is now known as the doctrine of 'stare decisis.' Today, it is a fundamental principle of most legal systems in Western countries, where judges follow previous decisions in dealing with similar legal issues.

Evolution and Impact of Key Judicial Doctrines

These principles change and grow as society changes and progresses. For example, the principle of 'Following Past Decisions' was created because of the need for fairness and predictability in law. This principle requires that past decisions should be followed in similar cases, ensuring laws are interpreted consistently. The 'Right of Court Review' is another important principle that grew to ensure balance in government actions. This principle gives courts the power to check if laws and executive actions are in line with the constitution, protecting democracy. In terms of impact, main court principles clearly outline the link between law and society.

Influence of Historical Events on the Formation of Judicial Doctrines

These doctrines don't just appear out of nowhere—they're formed in response to what's happening in society at a given time. Pay special attention to major events like wars, civil rights movements, or changes in society's values and norms, as they can largely determine the path of legal principles. For example, after the Civil War, changes to the U.S. Constitution created important legal doctrines about equal protection and due process. The women's rights movement also led courts to review the fairness of gender-based categories under the equal protection clause of the constitution.

Roles and Importance of Judicial Doctrines in the Justice System

These rules give judges a guiding framework for understanding and applying laws consistently in similar cases. Take note of the 'stare decisis' principle, for example. Also known as 'let the decision stand,' this rule states that lower courts must stick to the decisions made by higher courts in similar cases. It helps ensure equal and fair treatment of similar cases and creates predictability in decision-making, allowing people to understand the law better.

The separation of powers is another important court rule. This rule requires that courts stay free from government interference and outside pressure to make fair decisions. It ensures the justice system remains unbiased, protects people's rights, and prevents misuse of power. Review the judicial review rule. This rule lets courts examine if government actions and laws comply with the constitution. It's necessary for upholding the supremacy of the constitution and the rule of law and shielding people's rights from arbitrary government actions. The proportionality rule is also worth mentioning. It helps us compare a person's infringed rights against public benefit.

Analysis of Major Judicial Doctrines

Often referred to as stare decisis, it means that courts must follow the decisions made in earlier cases. This helps keep law consistent and predictable since issues solved in one case will be dealt with in the same way if they come up again. Make sure you also understand judicial restraint. This rule asks judges to limit how much they use their power, advising them not to change laws unless the laws clearly go against the Constitution.

Also, it says judges should refrain from making policy or laws. This rule is different from judicial activism, where judges use the Constitution to take care of societal issues they believe are not addressed enough by current laws. The Doctrine of Constitutional Supremacy is another rule. It says that the Constitution is the top law and any laws that go against it are null and void. Judges must always uphold the Constitution over conflicting state or federal laws. The doctrine of judicial review, lastly, is very important. Started in Marbury v. Madison, this rule lets courts say a law or executive action is against the Constitution.

Impact of Judicial Doctrines on Legal Outcomes

These are principles or rules that courts use to understand and apply the law, and they are critical for directing and deciding court cases. Use these doctrines to essay how you reason and judge to keep legal results consistent and predictable. The 'negligence' doctrine in tort law is an important example of these doctrines. This doctrine directly influences how decisions are made by defining legal responsibilities and rights of those involved. If it's proven, it can determine the verdict. So, if someone proves that another didn't act responsibly, causing harm, then the court will use the negligence doctrine to decide in favor of the one who got harmed.

Also, procedural doctrines are critical as they set out how courts should work. They give instructions on how to analyze problems, make decisions, and interpret principles. This ensures fairness and justice in court proceedings. For example, the 'presumption of innocence' rule means everyone is innocent until proven guilty. This affects how evidence is presented and looked at. There are also doctrines like 'stare decisis' that are overarching principles. These require courts to follow precedents made by higher courts.

The Final Thoughts

Principles such as consistency (stare decisis), active changing of laws (judicial activism), and cautious use of power (judicial restraint) essay judges, promoting stability, fairness, and proper use of power. It's important to remember these principles can cause disputes as they bring together different views on justice, law, and interpreting laws. As our society changes, we'll keep reevaluating these principles to make sure they match our modern ideas of justice and democracy.

References

Schneider, D.M., 2009. Use of judicial doctrines in Federal tax cases decided by trial courts, 1993-2006: a quantitative assessment. Cleveland State Law Review57(1), pp.35-75.

Related samples

Journey into the realm of Romantic literature, exploring the emergence of the self amidst the currents of individualism. Uncover how literary works… .

Individualism Essay Examples

0 / 5

515

Explore the life and legacy of Charles Darwin, focusing on his early years and education. This article analyzes how Darwin's formative experiences… .

Charles Darwin Essay Examples

0 / 5

121

Embark on a summer vacation filled with adventures and discoveries. From new destinations to unexpected experiences, relish the joy of exploration,… .

Memories Essay Examples

0 / 5

331

We can take care of your essay

24/7 Support

We really care about our clients and strive to provide the best customer experience for everyone.

Fair and Flexible Cost

Fair and flexible cost affordable for every student.

Plagiarism-free Papers

Plagiarized texts are unacceptable in the academic community, and our team knows it perfectly well. For this reason, we have strict plagiarism detection tools which we use for each of our orders.

Compliance with Any Deadline

The minimal timeframe needed to complete your paper is 6 hours. So if you need your paper by tomorrow, this is the job for our experts!