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Explain how judicial decision making is a multifaceted process that draws from legal principles, historical context, precedent, societal values, and at times, individual judicial perspectives.

Essay Instructions:
Option 1: Explain how judicial decision making is a multifaceted process that draws from legal principles, historical context, precedent, societal values, and at times, individual judicial perspectives. Your paper should address the following: How do past decisions (precedents) influence current rulings, and why are they essential? How do statutes, the Constitution, and other sources of law influence a judge's decision? How do societal values, evolving over time, impact the interpretation and application of the law? While the ideal of the judicial process is objectivity, individual judges bring their personal experiences, backgrounds, and sometimes biases to the bench. Explore the implications of this on the process of judicial decision making. Are there benefits to having diverse perspectives on the bench? What challenges do judges face in trying to maintain objectivity while also adapting to a changing society?
Essay Sample Content Preview:
Judicial Decision-Making is a Multifaceted Process That Frames Legal Principles and the Historical Context of the Judicial Perspectives Author’s Name The Institutional Affiliation Course Number and Name Instructor Name Assignment Due Date Introduction The decision-making process is significantly multifaceted as it’s dependent on various perspectives from the history, past experiences of the judicial body, and above all, according to the precedents of International Law, Human Rights, and the country’s regulations. The decision-making process is very complex as the life of the individual under trial depends on whether the decision comes in favour and the individual’s position in society. Judicial independence and accountability have three meaningful dimensions, which are individual, institutional, and internal. There are various conceptions regarding judicial independence and accountability, which significantly vary from one jurisdiction to another, the process and objective of accountability, and judicial independence to guarantee a way forward to independent, unbiased, and experienced judicial institutions for everyone (Huchhanavar, 2023 p.110). It emphasized establishing a society where judicial supremacy and satisfaction prevail to get justice in its true letter and spirit. Every decision-making process is mainly multifaceted as it needs continuous reforms and transformation to improve the weaknesses of the present justice system, which has developed into an unstable judicial system, lack of public trust, and inequalities (Insights, 2024). The need for an evolution-based judicial system is the need of the hour to have a trustworthy system based on following the legislation constitution of the country and according to past precedents, perspectives, and experiences to have improved and exemplary decisions in the future. From the legal perspective, judicial decision-making is based on two components, which are discovery and justification; discovery includes the primary determination of the judge in handling the case to be resolved, whereas justification consists of the explanation of the legal procedures regarding the verdicts to be in a written form (Anonymous, n.d). The decisions of the domestic courts also reflect the international law in the cases of criminals of other countries, human rights violations in case of conflict or war in a country, the UN resolutions, and according to the precedent of international human rights to provide justice to every individual. Exploration of the Literature The realist view regarding the judicial procedure is linked to several famous jurists like Joseph Bingham, Oliver Wendell Holmes, Jerome Frank, Eugene Ehrlich, and Karl Llewellyn, who represented the strength of the judicial system that history still remembers them as the weaknesses realized by Realists in the past theories of the judicial decision-making (Capurso, 1998 p.5). Such historical judges formulate precedents recognized for centuries due to theoretical implementation in forming the decisions and establishing the rule of law. The decisions of the courts represent the strength of the legal system. According to the thoughts of Professor Warren Lehman in the year 1986, “What we call the capacity for judgment… is an intellectualized account of the capacity for decision making and action, whose nature is not known to us.” (Carduzo, n.d). It proposed that the decision-making process is a tiring and long-term procedure in the legal system on which several factors, causes, and results depend on a final judgment. The domestic courts mainly represent themselves as ‘gatekeepers’ that transform the effect of international decisions regarding the domestic legal system as the international courts have improved their possibility to work specifically in the case of conflicts and regional tensions with international partners (Chehtman, 2020). It heightened the need to focus on improving the domestic courts, the continuous process of evolution, and the prevalence of law and order in its true letter and spirit to provide safety, security, and protection assurance to the public and, ultimately, a positive image of the country. In the words of Bishop Benjamin Hoadly, 1759, “Whoever hath an absolute authority to interpret any written or spoken laws, it is he who is truly the Law-giver to all intents and purposes, and not the person who first wrote or spoke them” (Capurso, 1998 p.5). Such thoughts have increased the need for societal, judicial, and law-based changes to have a society and nation that implements the rules and prevalence of the Constitution. The societies represent their verdicts, the rule of law, and the observance of the rules. The judicial decision-making process is considered an art marked as the cornerstone of the American justice system. In contrast, few other public officials possess the power and influence to be considered presiding judges (Capurso, 1998, p.5). It heightened the need for supremacy of law and order in society, a norm that mainly differs from one society to another and represents one country over another. The thoughts of Judge Hutcheson are the representation of the judicial instinct, “[A]nd brooding over the cause, [the judge] waits for the feeling, the hunch -that intuitive flash of understanding that makes the jump-spark connection between question and decision and at the point where the path is darkest for the judicial feet, sets its light along the way” (Capurso, 1998 p.6). It stressed understanding the bitter reality of the judicial system, where biased decisions reflect the country’s social, economic, and political structure that suffered for centuries. Five components should be noted while deciding whether a precedent should be overruled in favour of the overruling, Roe v.Wade and Planned Parenthood v.Casey; they “short-circuited the democratic process,” lacking the foundations in the constitutional text, its history or the verdict, tests formulated not considered to be “workable,” it caused laws’ distortion and through overruling them would not formulate substantial reliance interests (Oyez, 2021). Such thought-provoking facts have highlighted the need for societal transformation, especially of the justice system, to improve it to the core to end the biased decisions, political pressure, nepotism, and other social evils involved in the decision-making process. The Local Decisions Represent the Internatio...
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