How to Avoid a Judicial Precedent

The article of faith of judicial precedent (judge do law) lies at the heart of the face legal outline. As Michael Zander utter in The Law-Making Process, It is difficult to under tie of a legal system where judicial precedent plays no part at exclusively. This doctrine is based on st atomic number 18 decisis which means stand by that which is decided. Actu tout ensembley non all parts of a judgment form a precedent. The ratio decidendi follows from the doctrine of judicial precedent that like topics should be toughened alike. The homages are tho bound by the rules and principles provided in the decisions and these are what is called ratio decidendi. When a judge uses a disagree opinion, then we can be quite sure that it is obiter dicta and thus, such(prenominal) statement willing not be held as stick to but somehow they whitethorn have persuasive power. This doctrine is also defined by R Cross in Precedent in face Law as whatsoever rule of law treated by the judge a s an necessity step in reaching his decision having check to the line of reasoning pick out by him.\nThe hierarchy of courts is essential to the operation of judicial precedent. Usually, a court is bound by equally standing courts or those of higher authority than itself in the hierarchy. In September 2009, the arrogant approach replaced the mark of Lords by virtue of the Constitutional clear Act 2005. Since then, the Supreme Court sits at the pinnacle of the side court hierarchy and its decisions are binding on all other English courts. The preindication of Lords were bound by its have decision following the case of capital of the United Kingdom Tramways v London County Council until 1966. In this case, Lord Halsbury declared that, A decision of this House once given upon bring up of law is conclusive upon this afterwards. Decisions of the highest court of the land should be closing so that there will be certainty in law and finality in litigation. Undeniably, the resul t of strict binding would likely lead to single hardship but if otherwise, ... If you indispensability to get a mount essay, order it on our website:

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