‘Judicial Precedent Is Best Understood as a Practice of the Courts and Not as a Set of Binding Rules. as a Practice It Could Be Refined or Changed by the Courts as They Wish.’ Discuss
INTRODUCTION:
The doctrine of precedent, or stare decisis, lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts, a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new case, then the judge in the present case should follow the rule of law established in the earlier case. Where the precedent is from a lower court in the hierarchy, the judge in the new case may not follow but will certainly consider it. It is noted that the doctrine of precedent depends for its operation upon the principle that the courts form a hierarchy with each court standing in a definite position in relation to every other court. The structure of this hierarchy must now be considered for the purposes if the doctrine of precedent. Decisions of the highest courts are binding on lower courts. The House of Lords decisions are binding on all other courts in the legal system, except the House of Lords itself.
DEFINITION:
In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of conduct knowing what the legal consequences will be. Judicial Precedent can only operate if the legal reasons for past decisions are known, therefore, at the end of the case there will be a judgment.
The doctrine of precedent, or stare decisis, lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts, a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new case, then the judge in the present case should follow the rule of law established in the earlier case. Where the precedent is from a lower court in the hierarchy, the judge in the new case may not follow but will certainly consider it. It is noted that the doctrine of precedent depends for its operation upon the principle that the courts form a hierarchy with each court standing in a definite position in relation to every other court. The structure of this hierarchy must now be considered for the purposes if the doctrine of precedent. Decisions of the highest courts are binding on lower courts. The House of Lords decisions are binding on all other courts in the legal system, except the House of Lords itself.
DEFINITION:
In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of conduct knowing what the legal consequences will be. Judicial Precedent can only operate if the legal reasons for past decisions are known, therefore, at the end of the case there will be a judgment.
References: 1) http://www.exampleessays.com 2) http://www.helpwithlawexams.co.uk 3) http://a-level-law.com/els 4) http://www.lawteacher.net