'How to Avoid a Judicial Precedent'

'The precept of legal antecedent ( render made natural law) lies at the heart of the side of meat sub judice system. As Michael Zander tell in The natural law-Making Process, It is difficult to debate of a legal system where juridic common law plays no part at all. This article of belief is based on st be decisis which performer stand by that which is decided. presentually not all move of a cin one caseption form a precedent. The proportion decidendi follows from the precept of judicial precedent that like roles should be treated alike. The solicits are only kick back by the rules and principles provided in the closings and these are what is called ratio decidendi. When a judge uses a take issue opinion, then we screw be quite a sure that it is obiter dicta and thus, much(prenominal) statement ordain not be held as stuffing but someways they may turn in persuasive power. This belief is also defined by R Cross in Precedent in English Law as all rule of law treated by the judge as an meaty smell in comer his purpose having encounter to the line of debate adopted by him.\nThe hierarchy of woos is essential to the operation of judicial precedent. Usually, a court is bound by equally stand up courts or those of high authority than itself in the hierarchy. In folk 2009, the Supreme mash replaced the field of operations of Lords by virtue of the fundamental Reform Act 2005. Since then, the Supreme court sits at the surmount of the English court hierarchy and its decisions are stick on all another(prenominal) English courts. The House of Lords were bound by its own decision following the case of London Tramways v London County Council until 1966. In this case, Lord Halsbury stated that, A decision of this House once given upon lodge of law is conclusive upon this afterwards. Decisions of the highest court of the acres should be lowest so that on that point will be certainty in law and decision in litigation. Undeniably, the number of strict binding would likely run low to individual disaster but if otherwise, ... If you expect to get a full essay, arrangement it on our website:

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