The Tools And Techniques Of Judicial Creativity And Precedent

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The Complexity Of Nonuniform Random Number Generation Pdf Creator. Uttarakhand Jan Morcha', AIR 1999 SUPREME COURT 2193, the Supreme Court has imposed restriction on Judicial creativity saying that, no doubt, role of the judiciary has been expanded to newer dimensions in recent past, but that is no justification for using judicial power for imposing such unbearable burden on the State which in turn would be compelled to extract money out of common man's coffers to meet such massive financial burden. Suffice it to say that the above direction issued by the High Court cannot stand judicial scrutiny and it is hereby set aside. Often a question arose for discussion that – Whether the judges are as competent as the legislators to meet out the needs, requirements and aspirations of the people? Judges have limited scope in law making. In this respect, three things need to be kept in mind. Firstly, if the judges are considered sufficiently qualified to correctly decide upon the morality of the people then there is no reason to consider them incompetent to gauge the needs of the people in law making. Secondly, how much effort do the legislators actually expend in understanding the true needs of the people and the social implications of the law.

The Tools And Techniques Of Judicial Creativity And Precedent

The tools and techniques of judicial creativity and precedent. Legal development and creativity through legal reasoning under statutory. Judges and Law Reform: Judicial Creativity or judicial activism? Have a creative role. Quite apart from the soundness of the precedent which upheld non.

It is not unknown that now a days bureaucrats prepares draft of the proposed legislation and without any serious discussion in the house, same are passed as usual. Thirdly, judges rarely create a law from scratch; their legislative role is largely restricted to filling up the gaps in the law. 'The Judge is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness.' - Cardozo (The Nature of the Judicial Process, page 141).