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Wednesday, January 4, 2017

How to Avoid a Judicial Precedent

The article of faith of juridical precedent (judge make law) lies at the heart of the side legal system. As Michael Zander express in The Law-Making Process, It is difficult to remember of a legal system where judicial precedent plays no part at tot wholey. This philosophy is based on stargon decisis which means back by that which is decided. Actually non all parts of a judgment form a precedent. The ratio decidendi follows from the doctrine of judicial precedent that like grammatical cases should be treated alike. The hooks are merely 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, such(prenominal) statement allow for not be held as fertilization but somehow they whitethorn have persuasive power. This doctrine is also defined by R Cross in Precedent in side Law as whatsoever rule of law treated by the judge as an inbred step in reaching his decision having devotion to the line of reasoning follow 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 haughty approach replaced the folk of Lords by virtue of the Constitutional right Act 2005. Since then, the Supreme Court sits at the pinnacle of the slope court hierarchy and its decisions are stick on all other English courts. The class of Lords were bound by its feature 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 load of law is conclusive upon this afterwards. Decisions of the highest court of the land should be final so that there will be certainty in law and finality in litigation. Undeniably, the result of strict binding would likely lead to person hardship but if otherwise, ... If you pauperism to get a exuberant essay, order it on our website:

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