Doctrine of Precedent in English Legal System - Law Teacher.
The doctrine of judicial precedent seeks to provide consistency and predictability in law by virtue of the application of the principle of stare decisis which means to stand by the decided. Through the application of this maxim, judicial precedent ensures inferior courts are bound to apply the legal principles which were set down in the decisions made by superior courts.
Doctrine of Precedent: The English legal system of precedent is based on the Latin principle of stare decisis, which means to stand by things decided. The decisions of higher courts are generally binding the decisions of lower courts; this is known as the principle of binding precedent. ( 8) H.
The system of precedent is the term that may be used in reference to previous judgments that have been rendered by the Courts and which are used as a basis for the formulation of further judgments. Precedent therefore refers to case law and it operates upon the principle that it is not the duty of the Courts to make the law, rather it is their function to interpret the law.
Thomas and McGourlay: English Legal System Concentrate Chapter 3: Outline answers to essay questions 'The doctrine of precedent is essential to the English common law system; however the development of the Bristol Aeroplane exceptions is making a mockery of the principle of stare decisis'.
Download file to see previous pages Therefore, there is a dire need for a coherent case law. This is because it helps in strengthening the predictability of decisions and improves their authority. The doctrine of precedent also known as stare decisis provides that the decision of a higher court within the same jurisdiction acts as binding authority on a lower court within the same jurisdiction.
The Doctrine of Judicial Precedent Essay by TheSpecialOne, University, Bachelor's, October 2014 download word file, 21 pages download word file, 21 pages 0.0 0 votes.
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