Inherent Jurisdiction

Inherent jurisdiction is a legal term that refers to the inherent power of a court or a judicial body to make decisions in cases where no specific law or statute exists to address the issue at hand. This power arises from the court's role as the guardian of the law, and its duty to ensure that justice is done and that the rule of law is upheld.

Inherent jurisdiction is different from statutory jurisdiction, which is based on specific laws or statutes that give the court the power to hear and decide certain types of cases. Inherent jurisdiction is not limited to any specific area of law or type of case, and can be exercised in any situation where the court deems it necessary to do so in order to ensure a fair and just outcome.

Examples of situations where inherent jurisdiction may be exercised include cases involving breaches of natural justice, cases where a party has acted in bad faith, cases where a party has abused the legal process, and cases where there is a risk of serious injustice if the court does not act.

It is important to note that inherent jurisdiction should be exercised sparingly and only in exceptional circumstances where there is no other remedy available. This is because the exercise of inherent jurisdiction involves the court going beyond the specific powers granted to it by statute, and therefore requires a careful balance between upholding the rule of law and respecting the limits of judicial power.
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