The Law List The Law Society Of Hong Kong

A judge could in the judgement of a case declare some legal rules to be utilized in a hypothetical state of affairs. However, the subordinate courts are certain to apply the rules. As per this doctrine, once a lawsuit has been decided upon, the events are barred from elevating the identical problem in courts again, until new material facts have been found. They can’t elevate another problem arising from the identical declare both since they may have raised the same in the previous swimsuit. In India, subordinate courts are certain by the precedents of higher courts, and better courts are sure by their very own precedents. But in relation to High Courts, the decision of 1 High Court isn’t binding on the opposite High Courts.

In this it’s believed that law is a physique of government for the administration of justice. Like Positivist theory, this also sees law as will of the state however it is accomplished Law news via administration of justice. This college of law emphasises so much on what courts may do rather than the abstract ideas.