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Originally Posted by nomadking
But if the decisions are purely based on Law they all decisions must be unanimous, mustn't they? If Judges X & Y have differing judgements, then in a case with a single Judge deciding, the decision could go either way depending on whether it was Judge X or Judge Y that was presiding.
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Quote:
Originally Posted by papa smurf
i thought the law had to be clear not a matter of divided opinion - we already have a divided opinion .
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No not at all ,higher courts have more than one judge so that a majority decision is reached in interpreting law,in these instances the judges are making the judgement .In criminal courts ,murder cases for example ,a single judge sits in authority but does not make any judgements of guilt or innocence ,that's the jury's job but again the same democratic principle applies and the majority vote is applied .