Essay about Doctrine of Binding Precedent - 1990 Words.
Doctrine of Binding Precedent essaysThe English Legal System which can be traced back as far as 1066 AD has been growing slowly over time. Certain characteristics of this law system, such as the law of precedent can be distinguished from other law systems. Judicial precedent or binding precedent oft.
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Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike.
Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles, and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy.
The principle of stare decisis is generally followed by the levels of the judicial system. Court’s opinions may be based on either binding or persuasive precedents. An opinion is considered a binding or controlling precedent if it has been written by a court in a higher position within the pyramid structure.
Binding precedent means that a decision is made by using a previous case. An inferior court must take binding precedent from superior courts unless there is an appeal. Stare Decisis is a term used with binding precedent. It means to stand by a decision. The doctrine of judicial precedent depends on two factors, court hierarchy and law reporting.
But despite the aforesaid critical argument, judicial precedent has been as one of the important sources of law in most of the legal systems particularly U.K., U.S.A., Australia, Afro-Asian countries and India as the merits of the binding effect of the precedent (decision) it must be stated that it gives certainty and uniformity to law and brings about its scientific development and precedents.