Judges' need to follow previous precedent - judges' need to follow previous precedent the lower courts are bound by the house of lords so they have to apply their rules as if they were applying a statute. We can see the position of the organs and understand that judicial precedent is not a rule from the parliament to follow it is a practice of judiciary to look upon the term ‘judicial precedent’ has at least two meanings first, it may mean the process whereby judges follow previously decided cases. As a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.
Judicial precedent is where the past decisions of the judges create law for future judges to follow english precedent is based on the latin, stare decisis, meaning stand by what has been said in the past. Follow if the material facts of a case are significantly similar to an existing precedent, the judge should always follow the previous decision overrule a superior court may overrule the decision of a court below it and therefore change the law.
Judicial precedent essay uploaded by joey wong related interests judicial precedent is a process whereby the judges follow the previous decided cases where the facts of the case are decisions subject to the following three exceptions where its own previous decisions conflict the court of appeal need not to follow a decision of its. - judicial precedent essay: a) explain and illustrate the operation of the doctrine of judicial precedent b) how far is it true to say judges are bound by decisions in earlier cases a) judicial precedent is where the past decisions of the judges create law for future judges to follow.
A) judicial precedent is where the past decisions of the judges create law for future judges to follow english precedent is based on the latin, stare decisis, meaning stand by what has been said in the past. The authoritative precedent is one which has a binding force and the judge must follow it whether he approves it or not authoritative precedents are the decisions of superior court of justice which are binding on subordinate courts. Judges must follow past decisions to ensure certainty (same cases treated alike) and the inferior courts must bow to the decisions of the superior courts decisions of superior courts. Judges can escape from a previous decision by distinguishing a past case from a current case distinguishing involves finding different facts between the two cases if there is an apparent difference between them, a current case can be distinguished from the earlier case thus it does not have to follow a precedent. In 1966 by the practice statement (judicial precedent 1996) the house of lords need no longer be bound by its decision the current practice enables the house of lords to adapt english law to changing social conditions and to pay attention to the decisions of the superior courts in the commonwealth.
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 judicial precedent has been accepted as one of the important sources of law in most of the legal systems. Thus, judicial precedent is based on the judges judgement, hierarchy of courts and a good system of law reporting judges the judicial precedent's doctrine is based on the stare decisis principle - to stand upon decisions and by which precedents are authoritative and binding and must be followed. Judicial precedent essay judicial precedent within the present system of precedent in the english legal system, judges have very little discretion in their decision making judges have always been relied upon to interpret and apply the law.
Judges follow the precedent established by previous decisions following precedent is not mandatory judges called upon to create new laws in addition to interpreting precedent afford stability and predictability of the law offer wisdom of the past and enhances efficiency by eliminating the need to resolve every case affords stability and. Significance in the operation of the binding system of judicial precedent is the hierarchical structure of the court system, for whether a court is bound to follow a previous decision depends to a very large extend on which court gave the previous decision. 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.
Do judges make law 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. - 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. This essay will explain the ways in which in courts may depart from previous decisions, stating the influence of overruling, reversing, distinguishing and the practice statement over the development of law in order to asses the influence of the doctrine of precedent in the development of the english judge-made law.