We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Doctrine of Precedent - Essay Example

Comments (0) Cite this document
Summary to essay on topic "Doctrine of Precedent"
The first settlement of the British in Australia was distinguished by the establishment of a penal colony at Botany Bay in New South Wales in the year 1788. This land inhabited till then by the aboriginals had no legal system to cite and was characterized only by some unrefined and undefined folk traditions…
Download full paper
Polish This Essay
Doctrine of Precedent
Read TextPreview

Extract of essay "Doctrine of Precedent"

Download file "Doctrine of Precedent" to see previous pages... But in due course, to cope with the administration of the colony, the English in Australia, simply acquired almost all of the prevailing British law at their discretion and for their easiest convenience, started applying them according to the call of the circumstances in the colony. Thus, common law of Britain which originated in the thirteenth century based unevenly on Roman traditions became the guiding principles of the current legal system of Australia.
Let us write or edit the essay on your topic "Doctrine of Precedent" with a personal 20% discount.. Try it now
The Australian legal system founded on the common law has the elements of trial by jury, adversarial system and presumption of innocence.
But as the society became civilized and the living conditions changed, many of the existed laws became incapable to meet the challenging situations and requirements of the people. Hence, legislation was required to formulate new statutes or Acts to meet the varying needs of the people. These legislations were enacted to broaden the living style of the people and also to regulate the society as a whole, to bring in equity of law. However, the laws based on the doctrine of precedent or case laws edge over the statutory laws, because of its simplicity in its application facilitating decisions on a case by the jury. The statement that the current Australian legal system exhibits an increasing reliance on statute law must be analyzed in the above context, and in order to verify its sanctity it is necessary to have a clear picture of the law structure of the Australian legal system. (Robin Banks, 2006, Law Australia, Legal Information Access Centre, (Sydney, NSW), http://www.liac.sl.nsw.gov.au/hot/pdf/aust_leg_syst_60.pdf. viewed on 9th May, 2009)
Classification and Sources of Law
Law can be classified into two, as public law and private law. Public law is criminal law and is concerned with matters of the State whereas, private law is civil law pertaining to the matters of individuals. Criminal law is used to suppress criminal offences by punishing the accused. Civil law deals with disputes between individuals
Australian law is based on the system of common law and its procedures are (i) the adversarial nature of court proceedings, and (ii) the appeal provisions. The sources of the law are statute law and case law, and they are of equal validity. Statute law known as Act is enacted law made by parliament. Case law is the principles of law arrived at by the judges in court decisions. (Victoria Law Foundation, 2009, Law & Our legal systems, Chapter-1, http://www.rurallaw.org.au/handbook/xml/ch01s02.php, viewed on 9th May, 2009)
History of Case Law and the guiding Principles
According to Baker, 'A precedent is a decision or judgment of a court, which is used as authority for reaching the same decision in subsequent cases.' (Baker J.H., 1979, An Introduction to English Legal History p. 171, Butterworths, London)
However, it should be noted that Australia has a federal structure and that it has a parliament for each state and also has one for the Commonwealth. The Federal system of government was established by the Commonwealth of Australia Constitution Act 1900. The colonies became states and the states joined to form a Federation. The Law making power is vested with the Federal government as well as the state governments
The doctrine of parliamentary sovereignty demands that nobody can annul a law promulgated by the parliament, whereas, common law can be changed through ...Download file "Doctrine of Precedent" to see next pagesRead More
Cite this document "Doctrine of Precedent"
  • APA
  • MLA
(“Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/miscellaneous/1509618-doctrine-of-precedent
(Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1500 Words)
Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/miscellaneous/1509618-doctrine-of-precedent.
“Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1509618-doctrine-of-precedent.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Doctrine of Judicial Binding Precedent
Judicial precedent, stare decisis and similar doctrines tend towards a conservativism and inflexibility in the system. But the United Kingdom does have a substantial influence of judicial precedent in its system, particularly when it comes to the House of Lords.
8 Pages(2000 words)Essay
Explain the concept of precedent, making specific reference to the doctrine of promissory estoppel as developed in the case of C
It binds courts-within certain set limits-to prior decisions made by superior courts on similar cases. Two objects of legal order are achieved when precedent is adhered to. The concept of precedent constitutes greatly to the maintenance of stable laws or legal regimes1.
6 Pages(1500 words)Essay
Doctrine of Precedent
Doctrine of Precedent. Reliance on precedent decisions is an important aspect of any systematic and consistent decision procedure. Considering the experience of past decisions plays a crucial role in securing the needed consistency and stability in application of law.
7 Pages(1750 words)Essay
The Doctrine of Precedent
It is likewise charged with the responsibility to determine as to whether or not there has been abuse of discretion on either parties in the proceedings. And as such the courts are tasked to play a major role in the structuring of the fundamental aspects of law and justice to ensure and safe guard the very foundation of democracy.
4 Pages(1000 words)Essay
The Doctrine of Precedent Essay
Local customary law was the most common form of law in England before the Norman Conquest in 1066. Local communities would congregate to form assemblies, also know as moots, where they would create laws based on common customary views shared among the community.
4 Pages(1000 words)Essay
The role of the judge is to declare what the law is, and not to make it.Discuss this statement with reference to the theory and practice of both statutory interpretation and the doctrine of precedent
Recently, the meaning of this “separation” has been challenged, as the demarcation line has become obscure, and both the judiciary and the legislature have, in the course of the regular conduct of duties, found the necessity to transgress ever so slightly into the
10 Pages(2500 words)Essay
Doctrine of Precedent
English judge, Baron Parke, enunciated this theory of binding stare decisis, in 1833. To bring about a faith to the law the courts followed the principle of stare Decisis.1 This is referred to as the doctrine of precedent. The doctrine of precedent’s
8 Pages(2000 words)Essay
Using case law and considering any advantages and disadvantages. to what extent does the doctrine of precedent depend on the hierachy of the court
actice, judges in lower courts need to observe the established precedents set by higher courts, and this establishes the hierarchy of decision-making. However, as the name suggests, ‘stare decis’ means “To abide or adhere to decided cases. It is a general maxim that when a
8 Pages(2000 words)Essay
Consider the doctrine of judicial precedent in the law of England and Wales, having particular regard to its advantages and disadvantages. Cite relevant case law examples in support of your answer
It has been contended by Duxbury that flexibility and stability are both necessary for the common law system (Waddams, 2009, p. 132). This requirement has been fulfilled by precedent. The common law legal system is based on precedent, which makes it possible to bring
6 Pages(1500 words)Essay
The Doctrine Of Judicial Precedent
Obiter dictum constitutes issues said by the presiding judge. They do not form part of what another judge can follow in future. An example of obiter dicta could be the decision of the judge if the facts turn out as different from the previous case. In this context, the old facts cannot bind the new judge while reaching his conclusion.
7 Pages(1750 words)Essay
Let us find you another Essay on topic Doctrine of Precedent for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us