Doctrine Of Judicial Precedent

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Judicial Precedent

The doctrine of Judicial Precedent is based on the doctrine of Stare Decisis. The doctrine of stare decisis was adopted by England and Wales. Judicial precedent means the procedure whereby judges take after already chosen situations where the actualities are of adequate closeness. The doctrine of judicial precedent comprises of an application of the principle of stare decisis, which means to stand by previous decisions’. Practically speaking, this implies second-rate courts are certain to apply the lawful standards set around predominant courts in prior cases. This gives consistency and predictability in the law. For example in the case of Donoghue v Stevenson [1932], the House of Lords held that a manufacturer owed a duty …show more content…

Over-ruling prior precedent emerges where a court chooses in a later case that the legal ruling in a prior case was not appropriately applied or was no longer suitable. Over-ruling may happen in situations when the higher court over-rules the verdict made by a lower court in a prior case, such as the Supreme Court changing the decision made by the Court of Appeal in a previous case. It can also occur at instances where the European Court of Justice chooses to over-rule a past decision, as well as at a point where the Supreme Court chooses to practice its discretion and declare one of its own prior choices to be no longer a law and over-rules it. This instance can be seen in the cases of Pepper v Hart (1993) and Davis v Johnson (1979) where the House of Lords used the principle of over-ruling using its authority under the Practice Statement 1996. Reversing is the overturning of an appeal by a higher court, of the choice of the court lower court that is hearing the appeal. The appeal court would then substitute with its own particular …show more content…

This implies that the legal profession can give more accommodating guidance with respect to the law to their clients. The law is predictable, therefore making it easier for clients to have better knowledge about the position of their case, without having to wait until the trial stage. This could lead to possible out of court settlements. Since the judges have to apply a known set of rules it prevents judges from being biased and subjective with their decisions. Drawbacks regarding judicial precedent; does not suit the needs of the dynamic society especially in the UK as it is a part of the European Union. Judicial precedent can also be considered as a process of controlling the judges thereby limiting the judge’s

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