In law, parens patriae refers to the public policy power of the State to intervene against an abusive or negligent parent, legal guardian, or informal custodian, and to act as the parent of any child or individual who is in need of protection.
What is the doctrine of precedent in South Africa?
The doctrine of precedent not only binds lower courts but also binds courts of final jurisdiction to their own decisions. These courts can depart from a previous decision of their own only when satisfied that that decision is clearly wrong.
What is doctrine of stare decisis?
Stare decisis means “to stand by things decided” in Latin. When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court.s decision.
What is the doctrine of precedent in Uganda?
The doctrine of judicial precedent involves an application of the principle of STARE DECISIS that is to say, to stand by the decided. In practice, this means that lower courts are bound to apply the legal principles set down by superior courts in earlier cases.
The doctrine of precedent determines the relative weight to be accorded to the different cases. Also called stare decisis: .to stand on what has been decided.. AND to cases interpreting statutes. Each court is bound by decisions of courts higher in the same hierarchy.
What is the main purpose of the doctrine of precedent?
The doctrine of precedent was developed to promote consistency in decision-making by judges, on the basis that like cases should be determined in a like manner. There are two kinds of precedent: binding and persuasive.
What is one important purpose of the rule of lenity?
Second, the rule of lenity stems from the wish to “protect the legislature.s constitutional lawmaking prerogative, and to limit the courts. encroachment on a legislative function”.
What is an advantage of the doctrine of precedence?
The doctrine of precedent saves time, this is because the law can be found in important cases which set precedent, and that such decisions are likely to be found in the decisions of the senior courts in the hierarchy. There are a number of disadvantages and these include the assertion that the system is too rigid.