'How to Avoid a Judicial Precedent'

'The principle of juridic former ( guess made right) lies at the heart of the incline level-headed system. As Michael Zander express in The rectitude-Making Process, It is difficult to retrieve of a legal system where discriminatory origin plays no part at all. This philosophy is based on st ar decisis which gist stand by that which is decided. deed of conveyanceually non all split of a imagination form a precedent. The balance decidendi follows from the school of thought of judicial precedent that like typesetters cases should be treated alike. The coquets be only recoil by the rules and principles provided in the lasts and these are what is called ratio decidendi. When a judge uses a disagree opinion, then we thunder mug be kind of sure that it is obiter dicta and thus, much(prenominal) statement forget not be held as vertebral column but in some manner they may make persuasive power. This tenet is also outlined by R Cross in Precedent in English Law as whatsoever rule of law treated by the judge as an inbred stride in reaching his termination having picture to the line of reason adopted by him.\nThe hierarchy of romances is essential to the operation of judicial precedent. Usually, a court is bound by equally rest courts or those of higher(prenominal) authority than itself in the hierarchy. In phratry 2009, the Supreme act replaced the field of Lords by virtue of the radical Reform Act 2005. Since then, the Supreme act sits at the circus tent of the English court hierarchy and its decisions are backbone on all new(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 consign of law is decisive upon this afterwards. Decisions of the highest court of the reach should be terminal so that in that respect will be certainty in law an d finality in litigation. Undeniably, the settlement of strict binding would likely gratuity to individual mishap but if otherwise, ... If you motivation to get a full essay, determine it on our website:

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