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Importance of judicial precedent essay


importance of judicial precedent essay

than individual hardship. Mere passing remarks of a judge are known as obiter dicta, whilst considered enunciations of the judges opinion on a point not arising for decision, and so not part of the ratio decidendi, have been termed judicial dicta. Were any of your own ideas the same as those in the text? Without judicial review, the legislative and executive branches would be able to act without boundaries and therefore, the Constitution would not be upheld. The Practice Statement (HL: Judicial Precedent) 1966.L.R.1234, per Lord Gardiner, argued for and against a rigid system of binding precedent and highlighted that even though certainty is of importance within the making of Laws, to follow past precedents blindly will lead to injustice. Three ways in which precedent may be avoided include distinguishing, overruling and reversing. Which paragraph refers to High Court decisions? H) The first hearing of a civil case takes place at the County Court. The House of Lords exercising the power of the Practice Statement, to overrule its own decisions, can demonstrate this.

Why is judicial precedent central to the English legal system? Read the statement carefully to answer the following questions: Before 1966 all House of Lords decisions were binding on lower courts (the Court of Appeal and below) and on the House of Lords itself. The decisions of the Court of Appeal upon questions of law must be followed by Divisional Courts and courts of first instance, and, as a general rule, are binding on the Court of Appeal until a contrary determination has been arrived at by the House. The Supreme Court is responsible for upholding the Constitution by interpreting the laws for the benefit of the people.

Use vocabulary from the whole Unit and include other words and phrases you knew before, too. F) patent law (63). As cases with sufficiently similar facts would have already been decided, it saves the process of deciding the legal ruling, which can often take a long time. 2156 Words 9 Pages, this essay will examine the doctrine of Judicial precedent that helps form the English Legal System. Unlike the House of Lords, the Court of Appeal does not have liberty to review its own earlier decisions. They have no binding authority on another court, although they may have some persuasive efficacy.

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