In England the importance of precedent is much more than in any continental country, that is why it is often said that judicial precedent is an unique feature of common law countries because the great body of the common law or unwritten law is almost entirely the product of decided cases and common law of England has been created by the decision of English judges and precedent is not merely evidence of the law but a source of it and the courts are bound to follow the law that is so established.
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Although some said it is stiff and unbending, the orientation of social changes was attempted, and it opens to the time and start changing. It means that the highest court in the hierarchy, the Supreme Court is liable to every court which includes itself.
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Essay on precedent if the legal principle involved is the same and the facts are similar, a previous case will be bind in a later case.
But must also be followed. To make law more and more useful to common people and one of such now emerging concept is prospective overruling. The appeal court will then substitute its own decision. The Doctrine of Precedent By admin — Posted on November 14, This essay will explain about how the doctrine of precedent operates in the English legal system, and explain when judges are, or are not, bound to follow previous decisions.
In every cases, judges will provide judgments upon their decisions. Although it is not a part of the precedent, some of the future case can be referred by the Obiter Dicta in order to make the certain view of the law being more persuasive.
Means it can create law but cannot abolish it. For example, once judges in the Supreme Court or the Court of Appeal make a decision to a case, the lower courts have to follow the decision in the future cases as regards to share similar facts as a binding precedent.
The second method is overruling. Likewise, the judgment of foreign courts has only persuasive value for Indian Courts. This power has been used sparingly.
The third method is reversing. It is not only opened to use the obiter dicta, but also opened to the precedents made by the lower courts. However, they are of strong persuasive authority in the High Court and are usually followed.
The cases are Balfour v Balfour and Merritt v Merritt The doctrine of precedent is an essential part of the English legal system as it provides an actuality to the law and sets up the hierarchy structure of the court system.
In this case, the court held that there is nothing in Indian constitution which prevents the S. Rather than logic, it is based on convenience in the sense that it is provided in settled law and thus saved the labour of judges. Precedent helps Lawyers in their argument without waste of unnecessary time and energy whenever they want to cite any case-law.Judicial Precedent Setting a precedent is providing an example for others to follow.
Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case.
Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great. personal biography essay Dokumentari tun abdul razak essay Best college supplement essays student and teacher relationship essay ecological problems of kazakhstan essay.
Judicial Precedent Essay - Part 2. The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity - Judicial Precedent Essay introduction.
The doctrine of judicial precedent involves an application of the principle of stare decisis i. e., to stand by the decided. This essay will explain about how the doctrine of precedent operates in the English legal system, and explain when judges Continue reading >The Doctrine of Precedent.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.
Judicial precedent is source of law. Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases.
Precedent is based upon the principle of stare.Download