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Judges are independent and unbiased and are not subject to the whims of the electorate. The doctrine of precedent helps in this as judges can refer back to previous cases and decide accordingly without being influenced by political persuasions. However, as the courts cannot gauge public opinion they may not reflect current community values when making a decision...
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However, as the courts cannot gauge public opinion they may not reflect current community values when making a decision. For example, in the case of R v. David Norman Johns there was uproar about statement by the judge, ?a measure of rougher than usual handling' is acceptable behaviour by a husband seeking consent to sexual intercourse...
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