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Judicial Precedent Essay

  • Submitted by: spicecool
  • on November 25, 2012
  • Category: English
  • Length: 1,214 words

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Below is an essay on "Judicial Precedent" from Anti Essays, your source for research papers, essays, and term paper examples.

Historically , the importance ways in which the system of precedent operates in English Law were based on customs and decision of judges . Judicial precedent were very importance . In fact , the principle of doctrine of precedent is too rigid in some circumstances and lead to an outdated and unfair decision . Therefore , judges are allowed   to avoid following a precedent which is outdated or unfair . The effective system of precedent requires an accurate and reliable recording of legal judgements in cases to provide access to previous judicial decision and a clear hierarchy of courts .

            Judicial precedent refers to the source of law where past decision of the judges create law for future judges to follow . This source of law is also known as case law . Most of the law of tort and contract and importance crimes such as murder and common assault are a creation of the judges and not of parliament .The English system of precedent is based on stare decisis which is stand by the previous decision to treat like case alike . Basically , a judge must follow decision made in higher courts and so higher courts ‘ decision are binding on the lower courts . Judicial precedent is use to provide certainty , consistency , clarity ,conformity and uniformity . These concepts can help to boost public confidence in judicial precedent . Since judges are appointed , they are more familiar to the understanding of law . It is importance for them to follow the structure of precedent and precedent provide certainty , consistency , clarity , conformity and uniformity . However , the precedent can only operate if the ratio decidendi are known , which is the reasoning behind the decision . This is the part of the judgement , which must be followed . On the hand , the part of the judgement that need not to be followed are called obiter dicta which means things said by the way   . It is a form of persuasive precedent because the judges do not have to follow obiter dicta , though...

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"Judicial Precedent". Anti Essays. 10 Dec. 2018

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Judicial Precedent. Anti Essays. Retrieved December 10, 2018, from the World Wide Web: http://snehaedu.com/free-essays/Judicial-Precedent-357622.html