Clear Authority When you set rules, you decide who enforces them. The disadvantage is that people may or may not like the decisions. Court litigation is largely controlled by statutory and procedural rules. Because these precedents are to be followed by all other courts or in many cases, lengthy, detailed records have to be maintained. Judgments are made on the basis of precedent and when there is no precedent the system comes to a standstill.
There may be differing opinions on what the ratio is and what the obiter is. The subsequent subsections will devote to discussing these two models of administrative tribunals in turn and to appreciate whether or not the organizational structure of administrative tribunals in Ethiopia fits to any of such models. Rule of Law The Rule of Law is one of the most fundamental aspects of modern legal systems. Criteria for Promotions When all of your employees follow the rules, you can promote people based on their skills rather than their compliance. In Addie, the House of Lords had held that an occupier of premises was only liable to a trespassing child who was injured by the occupier intentionally or recklessly. The cases of Pepper v Hart 1993 and Davis v Johnson 1979 provide a good example of the principle of overruling by the House of Lords using its authority under the Practice Statement 1966. The following factors are suggested for consideration in determining whether to proceed in either arbitration or court or to include a mandatory arbitration clause in an agreement.
The structure of French administrative courts having general jurisdictions, just like the ordinary courts, has a pyramidal form. A good deal of our civil law, such as torts and negligence, began life as common law. There are both advantages and disadvantages to a legal system based on common law or precedent-based. Currently, one Conseiller out of every three and one Maire des requete out of every four must be recruited externally. Some define it in terms of its effect on society. The courts can also achieve law reform faster because they are not bound by the political and procedural constraints of the legislative process.
This in turn may result in people believing that there is little that they can do because it seems just too difficult to challenge and bring about change. There would be no way to enforce our contracts, regulate the way people drive, trust the safety of our foods and drugs, or protect us from our neighbor's dog. That is, it is the court of the first instance on administrative matters. An inexperienced lawyer may not get you a fair settlement. Members are appointed for a term that extends up to seven years. However, members of the lower tiers of administrative courts are conferred with the status of irremovability; they cannot be transferred to a new post without their consent, even by way of promotion. After two years of intensive studies, the outgoing class is arranged in order of merit according to their performance in the final examination and over the course as a whole.
Despite a suggestion that the House had some sympathy for the arguments for change, the House refused to abolish the presumption and publicly stated that they called upon Parliament to act on the matter. Now, mind you, there is nothing illegal about U. One of the arguments in favor of a common law system is that equity is a characteristic of this system. This helps protect you from liability if someone violates the policy in a manner that could lead to legal action. But many other countries appear to form tribunals of special jurisdiction here and there to address specific problems. It is not enough that justice should be done, but it is also necessary that it should be seen, to be done.
The notion is that like cases should be treated alike for the sake of certainty and consistency which, it is argued, leads to fairness. When a higher court overrules a decision made by a lower court in an earlier case e. Once your business is well known it is important to come up with other new unique points to keep customers reeled in and interested in your business. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. Administrative tribunals are filled by a panel of persons vested with special skill and expertise related to the complicated dispute they adjudicate. For additional information please contact. There are strong arguments that the law should meet the needs of the society it serves and that problems arise if it does not.
Civil matters do not have the same protections. And when any of that happens, you can rest assured that U. There is no general requirement set governing the qualification, appointment, composition and tenure of the personnel of administrative tribunals in Ethiopia. This page summarises some of the advantages and disadvantages of common law. In return, those charged with a crime have a fair way of making sure the evidence is not manipulated or collected improperly so that is would negatively influence a jury.
If the law made violates the persons right or liberty, a person can always approach the court for proper remedy. Disadvantages If it is too unique it will put off potential customers and only appeal to a selected crowd which could end up meaning you would have a smaller business. At the present time there is a great deal of concern over the issue of accessibility to the courts as a result of changes in the way legal aid is administered. Society is becoming more and more complicated everyday and without the existence of an elaborate system of laws,it is not possible to live in society. This creates an orderly workplace with clear lines of authority that save employees and managers time determining who enforces the rules. Institutional law reform bodies or the parliament years to decide on the need for change; judges and courts can do it while reviewing one case.
In the late 1970s the U. As the precedents are followed in all cases, all people are treated equally. The concept of judicial precedent is strictly adhered to. Advantage: Provides Legal Cover One of the important benefits of rules and regulations at the workplace is that they can give your company legal cover, which can limit your liability. The rule-based approach in business is often seen in the development of network and technological applications that are used for increased business efficiency and streamlined operations.
Dicey's Rule of Law stated three principles to the term 'Rule of Law'. Common law often reacts and responds more quickly to changing social values, community expectation and so on. As stated above, the organizational structure of the administrative tribunals varies from jurisdiction to jurisdiction. It specifies that the Law is supreme and that no human being is higher than the authority of Law. Advantages You can stand out.