Contribution of stare decisis system to the Rwandan judicial law
a critical analysis of the integration of common law system in Rwandan judiciary
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Judges generally interpret codes and laws very strictly; the kind of expansive readings of existing legal provisions to create new interpretations is not done. It was therefore premised on the strong belief that the legislature makes the law, not the judges. More recently, the role of case law has been changing. Settled lines of cases are now considered to have authority and are accepted due to the fact that they ensure consistency or stability in the application of the law. It has been identified that precedents emboldens the source of law in the Rwandan legal system since all courts of the c...
Judges generally interpret codes and laws very strictly; the kind of expansive readings of existing legal provisions to create new interpretations is not done. It was therefore premised on the strong belief that the legislature makes the law, not the judges. More recently, the role of case law has been changing. Settled lines of cases are now considered to have authority and are accepted due to the fact that they ensure consistency or stability in the application of the law. It has been identified that precedents emboldens the source of law in the Rwandan legal system since all courts of the country are bound to respect the decisions and judgments of the Supreme Court. Case law is and always has been a respected and vital part of constitutional jurisprudence. Furthermore, this research attempted to portray the contribution of stare decisis under Rwandan judicial law and the legal mechanisms that enhance the applicability of it under Rwandan judicial system.
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