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Distinguishing, Overruling, Reversing - Essay Example

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Such a rule of law can not be made more general and abstract. These rules are in fact a direct reflection of human values, time-tested. What is the meaning and limits of the rules of precedent in the UK? The answer to this gives a well-established practice: Distinguishing - decisions taken by the House of Lords are binding precedent for all courts and for most of the House of Lords; Overruling - decisions taken by the Court of Appeal are binding on all courts except the House of Lords; Reversing - High Court of Justice decisions are binding on lower courts and, if not strictly required, are very important and commonly used as a guide for the various offices of the High Court. In general, the position of the court in the hierarchy is of great importance, since the power of precedent depends on it, which makes the decision of this court. Seaforth (1962) stated that any court is obliged to follow the precedent of the Supreme Court, as well as it is bounded by their own decisions and decisions of courts by equal jurisdiction. Precedents of lower courts are persuasive. This is the essence of the principle of stare decisis. The only exception is the House of Lords as the highest court. According to its statement in 1966 according the practice, it considers itself no longer as bounded by its own previous decisions and allows ‘derogation from them in case of need’ (Wilson, 1973).

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Summary

In the encyclopedic dictionary the legal precedent (from lat. praecedens) is defined as behavior in a specific situation, which is regarded as a model, under the similar circumstances (Martin and Turner, 2005)…
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