"I'm Sorry".

"I'm sorry doesn't always cut it. Maybe because we use it so many different ways. As a weapon, as an excuse, But when we ARE really sorry. When we use it right. When we mean it. When your actions say what your words could never. When we get it right, I'm sorry is perfect. When we get it right, "I'm sorry," is redemption."

This quote was posted on FB by one of my colleague. The first thing that came to mind was unfortunately, not everyone meant it when they utter these crucial words. Some people say it to make themselves feel better, to shade their own mistakes, or to pretend as though they really repented. What people do not realise is that these are the most crucial words in bringing a conflict to an end. These are the most crucial words, in any areas of communication.

So dear peeps, the next time you mutter these words, make damn sure you really mean it, for you do not know what you might lose.

I will be back Soonish!

Promise!

Too much stuffs going on in Real world that i need to sort of halt my Reel world for a bit. Be patient. Just a few more days left! Ü

====================

I wish you all a fab weekend ahead! ♥

Tears.

When, is a person, at his/ her most beautiful, to you?

Its when the person cries. Tears. Vulnerability. All Facade fades away. All walls tumbled.

There's only that person, and tears, cascading down his/her cheeks.

That; To me, is what I call Beauty.

*******************

Heaven knows we need never be ashamed of our tears, for they are rain upon the blinding dust of earth, overlying our hard hearts. ~Charles Dickens, Great Expectations, 1860

Judicial Binding Precedent Vs. Judge Made Law

I was just reading through some of my old assignments back in my college days and found this interesting topic of discussion, which needless to say, have been one of my favourite topics to debate on for the very simple reason that there is no one straight answer to this question: - Which is better? Judicial Binding Precedent, or... Judge Made Law? Hence, I then decided to actually read up a little to refresh my memory and blog about this issue, which at the present moment is still a huge topic of discussion over at United Kingdom.

I need to warn you though, this blog post may be a tad bit too technical for you guys out there intending on having a lighter read. Lots of Legal related issues and jargons to boot. I'm sure though, a few of my college mates (namely Ikhwan: i know you're reading this) would get a kick out of  this.

----------------------------------------------------------------
The question on judicial precedent being the binding precedent has to be distinctly differentiated. Binding precedent confirms to the hierarchy of courts whereas mere precedent could be persuasive. Today, this doctrine is in the danger of fading off due to the departure mechanism being a tool for judges to move away from the precedent created by higher courts or the same capacity courts. Whilst such endeavor, the question arises does this leads to judges to be a “judicial legislator” ie: to make law. This discretion apparently is argued as too liberal because the orthodox belief that judge should only interpret statutes and higher court’s decision by looking into the “ratio decidendi” and “obiter dicta” is being defeated. Obviously, this is their constitutional role.


The doctrine of “stare decisis” would sufficiently mean all cases which have similar facts that shall be treated alike simply for the reason for the degree of certainty and in order to avoid injustice at the same time restricts unduly development of law to some extent. However, what generally binds is the ratio decidendi which is the material significant decision and not the obiter dicta which is merely the significant opinion or view provided by either assenting or dissenting judges in the higher court. This argument today is being whittle down for the reason of the attitude of judges ie: the school of thought of declaratory theory and judge made law theory.

Judges who adhere to the declaratory theory of law where the allegiance owed to the parliament which is considered to be the most supreme law making body based on doctrine of parliamentary supremacy and notion of separation of powers, judges consider themselves to be merely interpretative. Those who belonged to this school of thought undoubtedly Ld Simmonds, Ld Hodson and Ld Salmon who do not give room for judicial creativity and label themselves as passivists judge.

On the contrary, some judges do create reasons and do not want to mechanically follow higher court’s decision by creating new law or expanding the old law. The question is who lingers on this arguments without doubt is Ld Denning or Ld Woolf who have this contention that they’re activist judge whom I would daringly say has created many rooms on judicial creativity. One of the case that ought to be applauded by Ld Denning was Central London Property Trust v High Trees House where he championed the doctrine of Promissory Estoppel and also in the case of Brb v Harington that an occupier owes a duty of care to non-visitors based on grounds of common humanity which later this principle was formed in the Occupier’s Liability Act 1984. this evidently shows that activists judges have prompted parliament to enact law while the conservative beliefs would be enactment of Parliament prompted judges to make law.

To reconcile this two position could be an attempt which would be beyond imagination because this is two different world of school of thoughts. It can be easily concluded that it is the attitude of judges respectively that brings about the judge made law theory on their own whims and fancies probably out of necessity and for want of justice.

However, the departing tools of the exception as laid out by Ld Gardiner in Practice Statement 1966 for the HoL and the Young v Bristol Aeroplane exception has seeped into the system besides the distinguishing factors as what Prof. M. Zander profoundly said “distinguishing the undistinguishable” to some extent.

Hence, there seems to be too many opinions on whether this doctrine of binding precedent is a myth or is it a rule of law that all judges should adapt the “stare decisis” attitude. Prof. Glanville Williams found it strange that the authority that precedent is binding them is the normal HoL instead of parliamentary authority. This clearly indicates why should a judge follow higher authority’s decision besides parliament. Sir Rubert Cross was on the contrary opinion where he indicated that a judge is bound by ratio decidendi. This jurisprudential debate has been going too long . however, there has been no attempt by parliamentto put a stop, hinder or prevent that judge made law theory. But whenever lower courts depart from their decision, [higher courts] they are normally reprimanded and admonished upon an appeal either by overruling or reversing which is best illustrated when Murphy v Brentwood District Council overruled Anns v Merton, Anderton v Ryan being overruled by R v Shivpuri, and DPP v Lynch being overruled by R v Harvey.

The question as to what extent the doctrine of binding precedent allows judges to make law would be to be accurately stated depends on other factors such as some judges would avoid the clutches of an unwelcome precedent. Some judges do not believe in the fairytales of cases. Some judges believe that an adjudication must be settled according to the growth of time and the sophistication of today’s world. some judges also believes that “nakedly usurping the function of parliament” as Ld Simmonds indicated and as what Ld Denning identified his position that at times judges ought to “fill up the gaps” that was unintended by parliament.

Looking at the above argument, it would be wrong to say that the doctrine of binding precedent allows judges to make law; but rather it helps to develop law w/o limits. Another stand would be the various departure mechanisms available to the judge although each mechanism can only be exercised with their respective limitations which again was created by judges has prompted jdges to make law rather. As what prof. M. Zander’s that precedents should be treated as the next best evidence rule” and judges will always wish to have the best evidence or precedents as the case may be. This view reflects the fluidity and flexibility of the common law system and the actual practice of courts.

My Little Happy Pill.

I have been busy as of late.

But... Amidst the rainy days in KL, is a SunShine in my life.

We have a new addition to the family. Check HIM out ;)

-Introducing Edward Joseph Vaz-

Say "O"!

Angry Little Muppet was woken up by his dad for this pic :p

Isn't he just the cutest little thing? :D

With all recent happenings during 2009, I'm just glad that things are starting to look shiny-er now. With Little Edward's presence in the family, there are laughter once again surrounding the home. But one thing though..... Edward's dad, has already made plans to make him the next race car driver..... I should've guessed..... =|

Oh well, I guess like they said, It runs in the family eh? Ü

Now If you'll excuse me.. I'm gonna go 'oooh...' and 'aaaahhh...' over my new little Nephew... Have a great weekend!

♥

Productive Weekend.

I have been feeling rather Nostalgic as of late. The fact that I have had no net connection at home for the past five days wasn't helping at all. So what did I ended up doing?

1. Spring Cleaning the entire house
2. Grocery Shopping
3. Movie Marathon
4. Reading Marathon
5. Attempted to write a short story (Note: Attempted: It's not done yet!)
6. Book Shopping (Again!)
7. CD Shopping
8. Dinner with friends (Way Overdue)
9. Explore KL (And found some amazing places too!)
10. Watch Night Lights at Look Out Point.

A productive weekend indeed. Look where I end up now? Stuck in my room with two boxes of Tissue Papers, sneezing away. Oh, the joy of Life. I'm Almost Happy. Now, all I need is an extra box of Tissue, I'll be fine. *winks*

How was your weekend?

Night Lights. Twin Tower.

Two Things I Like Best:

• Photography.
• Night Lights.

Both of these, are found in this one picture I took some time back.

AND.....

I... Have a Confession..

I've been living here for the past two years, but I have literally, never been inside these Twin Towers! ;)

Talk about being a Village girl eh? :p

Where is One place you Could've been to but never did?

Ü

You're Still The One - Shania Twain in Courtesy of Lee DeWyze from american Idol!

Was Just running through my thousand playlists on my laptop and actually found this amazing old piece that have always and still is a personal favourite song of mine!
-----------------------------------------------------------------------------------------------

You're Still The One - Shania Twain

(When I first saw you, I saw love. And the first time you touched me, I felt love. And after all this time, you're still the one I love.)

mmmmmmmmm yeah

Looks like we made it

Look how far we've come my baby

We might've took the long way

We knew we'd get there someday

They said, "I'll bet they'll never make it"

But just look at us holdin' on

We're still together still goin' strong

(mmm)

(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night

Ain't nothin' better

We beat the odds together

I'm glad we didn't listen

Look at what we would be missin'

They said, "I'll bet they'll never make it"

But just look at us holdin' on

We're still together still going strong

(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night

You're still the one

(oooooooo) yeah!

(You're still the one)

You're still the one I run to

The one that I belong to

You're still the one I want for life ooooo yeah

(You're still the one)

You're still the one that I love

The only one I dream of

You're still the one I kiss good night

I'm so glad we made it

Look how far we've come my baby...