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Tuesday, August 10, 2010

Judicial Autonomy & Impartiality

REMEDIAL LAW QUESTION 2003


In rendering a decision, should a court take into consideration the possible effect of its verdict upon the political stability and economic welfare of the nation?


SUGGESTED ANSWER:
No, because a court is required to take into consideration only the legal issues and the evidence admitted in the case. The political stability and economic welfare of the nation are extraneous to the case. They can have persuasive influence but they are not the main factors that should be considered in deciding a case. A decision should be based on the law, rules of procedure, justice and equity. However, in exceptional cases the court may consider the political stability and economic welfare of the nation when these are capable of being taken into judicial notice of and are relevant to the case 

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