How to Avoid a Judicial Precedent

The school of thought of juridic precedent (judge do law) lies at the heart of the incline legal formation. As Michael Zander give tongue to in The Law-Making Process, It is difficult to see of a legal system where judicial precedent plays no part at entirely. This philosophy is based on st be decisis which means substructure by that which is decided. Actu everyy non all parts of a judgment form a precedent. The ratio decidendi follows from the doctrine of judicial precedent that like wooings should be handle alike. The courts are wholly bound by the rules and principles provided in the decisions and these are what is called ratio decidendi. When a judge uses a dissent opinion, then we can be quite sure that it is obiter dicta and thus, much(prenominal) statement provide not be held as covering 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 as an in grained step in reaching his decision having regard to the line of reasoning espouse 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 compulsive mash replaced the fireside of Lords by virtue of the Constitutional put right Act 2005. Since then, the Supreme Court sits at the pinnacle of the position court hierarchy and its decisions are cover on all other English courts. The class of Lords were bound by its throw decision following the case of capital of the United Kingdom Tramways v London County Council until 1966. In this case, Lord Halsbury express that, A decision of this House once given upon bill 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 result of strict binding would likely lead to mortal hardship but if otherwise, ... If you indispensableness to get a in effect(p) essay, order it on our website:

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