Sentences with phrase «means judicial precedent»

Not exact matches

The judicial precedent of constitutional law has evolved through a process in which courts interpret, apply, and explain the meaning and context of particular provisions and principles of the constitution during a legal proceeding.

Mr. Sirota offers quite a bit to chew on in just over 1000 words, but his argument, as I understand it, boils down to the following propositions: 1) Judges must generally apply the law as written and should work to foster stable legal doctrine, 2) In applying the law, judges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule precedents.

If mediation supplants rights - based dispute resolution, this does not mean villanry, but it does mean that a generation later, the machinery for asserting rights (civil trial lawyers and judges, judicial precedent) will likely be rusty and broken.

Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding judicial precedent governing the facts and circumstances at issue.