Legal Question in Administrative Law in Zimbabwe

do the courts play a more important role in shaping the content of law than parliament,how far is this agreeable?


Asked on 11/12/11, 12:18 pm

1 Answer from Attorneys

lawman Chimuriwo Lawman Chimuriwo Attorneys At Law

i positively concur with the above proposition for the sole reason that court judgments once they are handed down become legal precedent ,which is a recognized authoritative source of law.this ability to interpret law at unbridled discretion is indirect empowerment to promulgate law in terms if the court's whims.

what must be taken note of is the effect of policy making and judicial independence.In any legal system parliament is the primary source of law ,through the promulgation of policy positions into law,on the other hand courts interpret that same policy(now law) {see gubbay bench cases vs chidyausiku bench cases} and ensure that the law protects and covers the vast exigencies of society that are in a constant flux.

there are more jurisprudential arrangements to this subject but i believe the above will give you a starting point

Read more
Answered on 11/13/11, 11:48 am


Related Questions & Answers

More Administrative Law questions and answers in Zimbabwe