Let us write or edit the essay on your topic
"Using case law and considering any advantages and disadvantages. to what extent does the doctrine of precedent depend on the hierachy of the court"
with a personal 20% discount.
Download file to see previous pages...
The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided, or contrary to principle.” (Stare decisis, 2010).
The doctrine of precedent is also called as stare decisis, situated at the heart of the English lawful arrangement. It is a lawful rule by which adjudicators are obligated to admiration of the precedents created by previous judgment. This doctrine also refers to the information surrounded by the hierarchical construction of the English magistrates. A judgment made by the superior court will be connected to an inferior court in the hierarchy structure. In broad expressions, this denotes that when adjudicators attempt cases that will make sure to see if a similar circumstance appears before the court. If the precedent is placed by a court of equivalent or superior rank makes a new decision, and then the adjudicator in the current case should pursue or follow the rule of law founded in the previous case attended in the court. “It is noted that the doctrine of precedent depends for its operation upon the underlying principle that the courts form a hierarchy with each court standing in a definite position in relation to every other court. The structure of this hierarchy must now be considered for the purposes if the doctrine of precedent. Decisions of the highest courts are binding on lower courts.” (Doctrine of judicial precedent & its hierarchy of court, 2010).
In most cases, it is deemed that a decision made by a higher court is a binding precedent, which a lower court cannot overrule. Also, a court should not upset its own precedents unless there is a valid reason to do so. This needs to be motivated by principles from similar and lower courts.
Another aspect that needs to be considered is the extent to which equal or higher courts could set legal precedents or
...Download file to see next pagesRead More
In 1979, this company established the radio telephone company known as Mobira Oy. From then it moved into a well established and renowned manufacturer of mobile phones as well as smart phones. Nokia lumia in the recent innovations has been one of the most profitable smart phones in this company’s history.
In England and Wales, the court system is branched into courts dealing with criminal jurisdiction and courts dealing with civil jurisdiction. However, certain courts such as the High Court, some Crown Courts and the Magistrate Court deal with both forms of jurisdiction.
Welsh court system is uniform with the British system and this explains the existence of one common judiciary, law society and structural function of the law system. The laws used within the two kingdoms are known as the English law was established through acts of parliament in the United Kingdom (Thomas, 2005).
This is attributed to the UK being a European Convention on human rights signatory and union of four separate jurisdictions namely; Wales, Northern Ireland, Scotland and mainland England. In the UK, court hierarchy establishes the binding power of decisions and to which courts, which is commonly referred to as the 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.
When the British formed their colonies they adopted and made it obligatory the notion of terra nullius which meant that the land belonged to no one. This they did because there was no particular recognition of laws or rights to the land of those aboriginal people at that time.
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
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
In such cases, these cases need not be followed by any other magistrate’s courts that lie along the precedent system. The house of lords, in contrast, only deals with approximately sixty cases in a single year. The decision of the house of the lord is used to
The functions of government are divided between executive, legislature and judiciary with each branch enjoying a degree of independence in conducting its distinct function. The legislature makes laws; the judiciary interprets laws, and the executive enforces laws.
6 Pages(1500 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Using case law and considering any advantages and disadvantages. to what extent does the doctrine of precedent depend on the hierachy of the court for FREE!