jones v sosss refused to overrule re dowling for certainty
1 of 8
+ flexible
shivpuri overruled anderton v ryan to avoid bad previous decision to be continued
2 of 8
+ responds to real life situations
r v r adapted law to suit real life
3 of 8
+ judicial creativity
r v r shows judges can create/ distinguish law to serve justice
4 of 8
- rigid
jones v sosss ignored re dowling for certainty
5 of 8
- uncertain
merritt v merritt distinguished balfour v balfour which was unexpected to hard to prep for
6 of 8
- complex
re j shows its hard to tell difference between obiter and ratio as judge couldn't figure out what ratio was so had no idea what decision he was meant to make
7 of 8
- against separation of powers
r v r made/ changed laws which is bad as they aren't elected to do so
8 of 8
Other cards in this set
Card 2
Front
+ flexible
Back
shivpuri overruled anderton v ryan to avoid bad previous decision to be continued
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