Examine the following statements: The right of appeal is not a natural or inherent right.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2015
Examine the following statements: The right of appeal is not a natural or inherent right.

Answer & Explanation:

A right of appeal is not a natural or inherent right; it is a creation of the statute. It is the statute alone to which the court must look to determine if a right of appeal exists in a particular instance or not. Parties cannot create a right of appeal by agreement or by mutual consent. It is not a matter of procedure but a substantive right and can be taken away only by a subsequent enactment if it says so expressly or by necessary intendment and not otherwise. It is for the appellant to show that the statute gives a right of appeal to him.

Topics: Legal Procedures

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