Institutions Essay Title: ‘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 Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases. In English law‚ judgment and decisions can represent authoritative precedent (which is generally binding
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SR1IN0201 FOREWORD ....................................................................................................................... 1 GENERAL PAPER (MAURITIUS) ...................................................................................... 2 GCE Advanced Subsidiary Level .................................................................................................................. 2 Paper 8009/01 Paper 1 .....................................................................
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A critical analysis of recent Supreme Court of Appeal judgments that have deviated from the stare decisis principle Lizl Pretorius June 2012 Dissertation submitted in partial fulfilment for the degree of Higher Diploma in Taxation International Institute for Tax & Finance in association with the Thomas Jefferson School of Law Abstract The decisions and methodology used by the Judges in a higher court‚ such as the Supreme Court of Appeal is binding on the lower courts. It is therefore
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The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case
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doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the doctrine of precedent. Nearly all legal systems (including civil law systems) have some form of a doctrine of precedent‚ though its provisions
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University of London Common Law Reasoning and Institutions Essay Title: ‘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.’ Student Number: 090500532 Candidate Number:L8000 The declaratory theory of English common law is that the function of the judge is to declare what has always been the correct legal position at common law. In carrying out this task
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[pic] [pic] Table of Contents INTRODUCTION 3 BID AND PREPARATIONS 3 COSTS 3 MARKETING 3 PARTICIPATING TEAMS 3 INTRODUCTION The 2010 Winter Olympics‚ officially the XXI Olympic Winter Games or the 21st Winter Olympics‚ was a major international multi-sport event held on February 12–28‚ 2010‚ in Vancouver‚ British Columbia‚ Canada‚ with some events held in the resort town of Whistler‚ Richmond‚ West
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It seems that Human Rights are deteriorating all over the world. But in the third world countries like Bangladesh it in high rate. Recently one of the law enforcing agencies of Bangladesh is criticized for violating Human Rights to a great extend in Bangladesh. They do it on the plea of so called cross-fire. We may get a picture from the following writings- The Bangladeshi government should authorize an independent investigation into a recent spate of alleged extrajudicial killings by security forces
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Reasoning and Institutions Question 1: “in practice the doctrine of precedent does not constrain judicial decision-making; activist judges can always creatively interpret previous cases to reach the outcome they desire.” Discuss. Answer: In considering whether the doctrine of precedent constrain activist judges like Lord Denning in making their decision‚ we should first examine the English legal system and how judicial precedents operates. The lowest court of law in England and Wales‚ which
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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 practice laid down by the court for its own guidance; and this practice can be amended or altered. Thus‚ the precedent should
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