Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
Premium Common law Supreme court Court
JUDICIAL PRECEDENT Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent‚ the underlying features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent role in English law‚
Premium Stare decisis Common law Case law
of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous
Premium Stare decisis Ratio decidendi Case law
THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
Premium Stare decisis Case law Precedent
be defining what the Binding Precedent is and its main principles that are applied in judicial precedent. I will look at the structure of the court system and whether in this structure the courts are being bound by the decision of others higher courts. I will reflect at how far the binding precedent goes to ensure the existence of both certainty and flexibility in common law. I will talk about the advantages and disadvantages that contribute to the doctrine of binding precedent including examples
Premium Common law Precedent Stare decisis
certainty’ of law is essential. In English legal system the doctrine‚ which brings together the past and the present is the doctrine of judicial precedent‚ which predominant value is irrefutable. However‚ it is a disputable question‚ whether the bias of the doctrine on the maintenance of the judicial authority is accurate and contemporary. The nature of precedent can be described by putting the words of Lord Denning in London tramways case: Rule of precedent is not a rule of law at all‚ but a
Premium Stare decisis Common law Law
Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
Free Common law Precedent Law
PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
Premium Stare decisis Appeal Common law
Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
Premium Precedent Law Common law
judicial precedent Kulliyyathu Dhirasaathil Islamiyya Shariah and law Degree Year two Thaareekhul Qaanoon Semester one J u d i c i a l Pr e c e d e n t Lecturer: Abdul Jaleel Hussain Ali Didi(2009202) 27 March 2011 Ali didi Sharia and law degree year two 1 تاريخ القانون و نشاته judicial precedent Contents 1- Introduction………………………………………………………………………………01 2- Introduction of judicial precedent………………………………………..………………02 3- History of judicial precedent…………………………………………………
Free Common law Precedent Stare decisis