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1. IntroductionThis essay is to argue in favor of the statement that “The courts generally prefer to take aminimalist approach to resolving planning disputes.” The most commonly used resolution is theAlternate Dispute Resolution and the Interpretation theory of the minimalistic approach by thecourt in order to provide a very quick and instant approach and solution. In majority of the cases,the court might encourage the parties for heading towards the agreement without any courthearing https://www.courts.qld.gov.au/courts/land-court/resolving-disputes-without-a-hearing/alternative-dispute-resolution . In order to elaborate in much more in detail about thereason behind favoring the notion that the court usually prefer minimalist approach in order toresolve the planning disputes we would be discussing on the given following points in details-? Saves time? Saves legal cost? Peace of mind? Maintains confidentiality
? Allows full control? Negotiation on agreed terms? Saves cost of the partiesIn order to understand better we need to have a clear viewpoint on all the major criteria.
2. Minimalistic Theory:-It is known that Minimalistic Theory is nothing to do with the constitutional framework rather itis more inclined towards the judging framework. It is basically a prescription which helps ininterpreting the cases related to the constitution in order to reduce or minimize the footprints ofthe judiciary. It has been believed that the judiciary doesn’t want to invest a lot of their time inthe controversies which has lots of and extensive theories involved and which require a deep andtheoretical jump into the case from the side of the Judiciary.It has been believed that Minimalistic approach avoids social conflicts and rather work towardsforming a situation which is less in the context of involving extensive theory and caseknowledge. It is said that Minimalistic approach is more about the intuitions and not about thedepth analysis of the case and to go piece by piece in the facts. It was believed that, for anyminimalist charter, if it seem to be attainable, therefore needs that for such a charter the Courtmight empower the Parliament members to get involved with dialogue through all the ordinarymeans of legislation Rosalind D, (2009).
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