A precedent from an earlier case that must be followed even if the later judge doesn’t agree. When a higher court makes a decision, it is a binding that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy, later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity for example: If necessity is not accessible on a charge of theft of food because of starvation, it cannot even be allowed to a charge of murder. The Christian view is that “Giving one’s own life for another” Rather taking someone else’s life for their own. Impossibility of choosing someone’s value for life.
For this case Binding Precedent is that all of these cases would be used if a similar case occurred again.
A precedent that is not binding on the court, the judge may consider and decide that the principle that is chosen is correct so it is persuaded for it to be followed. Persuasive precedents come from; Courts lower in hierarchy, Decisions of the Judicial Committee of the Privy Council and A dissenting judgement. Obiter Dicta:An opinion stated by a judge that has only related method on the case in question and is therefore not binding. Hill v Baxter (1958): The defendant driver fell asleep and drove into some people, he was guilty because when he felt drowsy he should have parked somewhere but he didn’t. There are three ways of refusing of defence:
The judge gave an example of a man driving while getting stung by bees and losing control of the car this is an example of the driver not being at fault. This example would be obiter dicta.
Describe the process when making an act of parliament
A public statement of policy and aims, especially one issued before an election by a political party or candidate.It is these promises that persuade us to vote for a party. Green Paper:
A Green Paper is a Government journal that details specific issues, and then points out possible courses of action in terms of policy and legislation. White Paper
Succeeding the Green Paper, the Government will present to Parliament a “White Paper” which is a declaration of a policy and contains certain proposals for legislation and this is often issued at the same time as the relevant bill. Drafting
After consultation is completed highly skilled lawyers called Parliamentary Counsel (Draftsmen) will draft a bill. The process is called drafting; the Bill is then ready for scrutiny (careful examination) by both houses. A Cabinet Committee, made up of senior government ministers called the Legislation Committee, controls the legislative programme for example deciding which bills will be dropped if they run out of Parliamentary time. Bills
In order to become an Act of Parliament, a Bill must be passed by both Houses of Parliament and receive Royal Assent. First Reading
The First Reading of a Bill is a formality, which involves a member reading the title of the Bill; the First Reading takes place without debate. Second reading
The Second Reading provides the first real occasion for debate on the general principles of a Bill; detailed discussion takes place during the committee stage. Report stage
Any amendments made during the committee stage must be approved (or rejected) by the whole house during the report state.
The third reading a Bill often follows on immediately after the report stage. It is generally quite short – unless it is of constitutional importance - and the bill is reviewed in its final form including amendments made at earlier stages. Substantive amendments cannot be made at this stage to a Bill in the Commons. Royal Assent
When a Bill has been passed in identical terms in both Houses, it is presented for the Royal Assent. This is a formality marking the Bill's official...
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