Saturday, July 25, 2009

Ratio decidendi Vs Obiter Dictum Vs Stare decisis

Ratio decidendi
- In latin, reasons for dicision
- It is a principle stated that, every lower courts in same hierachy are compelled to follow the decision of the upper court. ( doctrine of precedent )

Obiter dictum
- In latin, remark in passing
- These are judicail observation
- Not binding, but persuasive observation.

Stare decisis
- In latin, stand by things decided
- The principle dictates that once a superior court created a case law, all lower courts in the same hierachy must adopt the same ratio
- brings about consistencry to the application of case law
-The members of community are able to predict the outcome of the court's decision.

Parliament Vs Courts

Parliaments
- democratically elected by the people, therefore it gains its authority to make law from the consitution and approval from the people.

Courts
- Only make law when the legislations stated are unclear, and to bring about just outcome.
- * Only superior courts and above can make laws.

Role of Judge -reslove disputes to bring about just outcomes
- making case law


Judges create laws in 2 ways
Judicial pronouncement - when there is no statutory law exits, refer to past precedent as guidance, if no relevant authority exits, they create new law to bring about just outcome.
Statutory interpretaion - when the statutory law is unclear, then judge will creates case law when giving meaning to words or phrase in statutes to resolve disputes.

Mother f..ker

Im gonna die, just finished 2 chapters out of 10 .. c b..

Advantages & Disadvantages of delegated legislation ( regulation)

Advantages

1) Relieve the workload of parliament
- Since it is expensive, cumbersome and time consuming to operate parliamentary process, therefore, the delegated authorities which reside by experts are more appropriate to make law to meet the needs of the community.
- Parliaments are more concern on social issue and rule of law. Whereas the delegated authorities is more appropriate to make law to address the technical and administrative details

2) Technical expertise
- The parliament is not a forum which make laws on technical and administrative details.
- Delegated authorities with skills, experiences, and current knowledge are more able to make laws addressing the technical details.

3) De-centralised decision making
- The local councils are more suited to consult with their constituents to devise the laws to meet local needs
- Regulation made locally are more able to be respected and accepted by community.
- Parliament makes legislation to cover the broad principle whereas the local council makes regulation to address local details.

4) Emergencies
- Since a bill must passes through 3 readings in parliament, therefore it is hardly for the parliament to make legislation to deal with emergencies such as SARS.
- Therefore, it is more appopriate for delegated authorities to make regulation to deal with it.

5) Administrative convenience
- The matters of the government require constant review and updating, and the parliament is not an appropriate forum to do this as it is expensive, time consuming and cumbersome to operate.

6) Political purpose
- Without passing through 3 reading stages of parliament, a regulation can be made.
- Therefore it is used to evade the scutiny of parliament, which known as "back-door".

Disadvantages of Delegated legislation

1)Undemocratic making law
- Since the delegated authorities are not elected by the people, therefore they are not accountable to the regulation made by them.
- Hence, it abrogating the democratic responsibility of a government

2) Complexity of the law
- Some of the regulations are made were too complex and did not meet the need of the community as well as causing alot of unneccesarry problems to the businessmen.

3) Accessibility and a lack of community awareness
- Since the regulations made always according the changes of circumstances, therefore it is hardly for everyone to adapt to the changes of regulations
- And, people unwittingly, therefore, often break the law.


THE END..

Wonderful day

Well this weekends my housemates harry and geng yong didnt go back to their hometown
so they stay
haha.. accompany me for this boring weekends..
first day of weekends we went to play basketball at our campus
then night we have our dinner at Mian Dui Mian pan mee
then go for short shop for our daily uses..
harry bought 3 bread then i buy a expensive HL milk
why i said so? because the price is extremely expensive than other shop
even expensive than our campus' cafeteria which everyone said expensive than nearby mamak stall
mean the milk is realli expensive in this case.. Rm5.30 per 50ml
why i wan buy? ya, just for fun.. i though is cheaper than cafeteria,
but is opposite.. lol..
second day we went play ball again at afternoon..
the campus is empty like haunted house..
but that environment does not affect our playing mood..
we continue palying until 7pm...
sweat lots and feels good cause release stress..
especially geng yong who is havind his SAM test now.
3 point shot still the same ( 4 in a row )
wow! i going to break my record..
wanna make it 5 in a row.. cool right? haha..
with my number 9 only one jersy
i sure i will make it one day soon..
gambateh!!!!
then third day is a raining day..
so geng yong study at home ( legal studies )
harry went out for moral assignment
maybe is with his girlfriend..
then i went out with my sister for movie and breakfast as well as initial D!!!
really cant control not to addict in it, but.. sigh...
finding a way to solve this addiction

My shoes

This is my shoes which i bought when i was 16.
But, i didnt oftenly use it. Cause my skill was suck at that time. by Gy.