The tools and techniques of judicial creativity and precedent

n98 Ted White described Cardozos judicial technique as retreating. A democratic society lives and swears by certain values such as individual liberty, human dignity, rule of law, constitutionalism etc. lauded the book as a stellar, strikingly creative, and original contribution. The task of interpreting the constitution is a highly creative judicial function which must be in tune with the constitutional philosophy. Nigeria 1999 (as amended) and section 8(2) of the Court of Appeal Act Cap C36 Laws of the Federation of Nigeria, 2004 and by section. In United Kingdom, which is also based on the common law like India, is also bound by the precedence or the judge- made laws in the same way or the other. There are a number of tools and techniques available to the lawyer. Stare decisis and techniques of legal reasoning and legal argument. The Tools And Techniques Of Judicial Creativity And Precedent In India The Tools And Techniques Of Judicial Creativity And Precedent The judiciary has to devise a pragmatic wisdom to adopt a creative and purposive approach in the interpretation of various rights embodied in the Constitution. Therefore, it is necessary to consider what should be the approach of the judiciary in the matter of constitutional interpretation. The judiciary has to perform an important role in the interpretation and enforcement of human rights inscribed in the fundamental law of the country.

The courts act as the supreme interpreter, protector and guardian of the supremacy of the Constitution. The gameplay involves playing games of rock, paper, scissors or Janken-Pon against 12. Yakyuuken Special The Yakyuken Special is a Japanese game for the Sega Saturn by Societa Daikanyama. A judge might have ignored precedent, struck down a law introduced by Congress, departed from the model another judge used for a finding in a similar case, or written a judgment with ulterior motives to achieve a certain social goal. The courts perform the key role of expounding the provisions of the Constitution. The Tools And Techniques Of Judicial Creativity And Precedent. The Tools And Techniques Of Judicial Creativity And Precedent. JUDICIAL ACTIVISM AND JUDICIAL CREATIVITY OF THE SUPREME COURT IN CONSTITUTIONAL INTERPRETATION INTRODUCTION In democratic countries the judiciary is given a place of great significance.

Indian debate on the role of judges and on the notion of judicial.

The Tools And Techniques Of Judicial Creativity And Precedent The tools and techniques of judicial creativity and precedents.

The Tools And Techniques Of Judicial Creativity And Precedent In India.