JUDICIALIDIOSYNCRASIESANDTHEPLACEOFRELIGIONINJUDICIALLAWMAKING. (original) (raw)
2016, BRITISH JOURNAL OF ADVANCE ACADEMIC RESEARCH
Law and religion are like two inseparable siamese twins. Every law has a religious undertone. That accounts to a great extent why most laws are flavoured with religious colouration. The duty of a judge, primarily, is to adjudicate on disputes brought before him. In so doing, the judge is influenced by a number of factors before arriving at a decision. This underscores the point that it is not only pure legal issues or consideration that could influence a judge's decision. Religion is one potent weapon that has continued to shape how laws are made. It follows that in settling dispntes between rival parties, religion has a place in a judge's minds eye. This is helped by the fact that a particular case has to be treated on its merit. A judge of a particular religions faith would be more favouarably disposed in upholding the tenets of that faith. When this happens, there is a deliberate 'interference' with the judge's adjudicatory function. Whether or not such interference is needed is a subject of our inquiry in this paper.
Sign up for access to the world's latest research.
checkGet notified about relevant papers
checkSave papers to use in your research
checkJoin the discussion with peers
checkTrack your impact
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.
Related papers
Max Planck Encyclopedia of Comparative Constitutional Law , 2020