Precedent and Stare decisis in Hong Kong: The Case of Transgenders
The doctrines of " precedent” and " stare decisis” have been key elements of Traditional western Law which have withstood long use. They have been especially important in protecting the " Rule of Law” based on the tenets of predictability, expectations and stability, that happen to be all important within a society based on norms and codes. Yet these legal concepts of precedent and " look decisis” had been condemned to get stifling the progress of law in society by simply disallowing essential change high is a genuine need for transform. This daily news will examine this controversy in detail inside the context with the debate on the law with regards to " transgenders” in Hk, whose legal rights, as many observers point out have already been unfairly limited by the principles of preceding and " stare decisis”. The conventional paper will first define the concepts, give the justifications for precedence and " stare decisis” based upon " Secret of Law”, and then discuss the case of " transgenders” in Hk to make the advantages of re-evaluating the tenets of " Stare Decisis”.
" Stare Decisis" is a Latina term this means to " to uphold decided instances, to maintain precedents; to keep former adjudications” (Black 1910). According to the Bouvier's Law Book, Stare Decisis is defined as " to follow or abide by decided instances; it is a standard maxim that after a point have been settled by a decision, it forms a precedent that is not afterwards to be departed from; the doctrine of stare decisis is definitely not always to get relied upon, pertaining to the courts find it essential to overrule situations which have been hastily decided or perhaps contrary to the principle” (Bouvier 1856). This means that unless there is an exceptional case, decisions taken by a greater court are binding upon the decisions of the decrease courts.
Many justifications to get the capacity of preceding and " stare decisis”. In contemporary law precedents are thought to have the first step toward fair and unbiased legal...