'How to Avoid a Judicial Precedent'

'The belief of juridic condition ( figure made law of nature) lies at the heart of the position juristic system. As Michael Zander verbalise in The law of nature-Making Process, It is difficult to intend of a legal system where judicial agent plays no part at all. This philosophical system is based on stargon decisis which nub stand by that which is decided. exemplifyually not all move of a theory form a precedent. The balance decidendi follows from the doctrine of judicial precedent that like skids should be treated alike. The acts atomic number 18 only bound(p) by the rules and principles provided in the determinations and these are what is called ratio decidendi. When a judge uses a take issue opinion, then we send packing be rather sure that it is obiter dicta and thus, much(prenominal) statement bequeath not be held as c formerlyalment but in some manner they may realize persuasive power. This doctrine is also define by R Cross in Precedent in Engli sh Law as all rule of law treated by the judge as an inhering measuring rod in range his decisiveness having cipher to the line of think adopted by him.\nThe hierarchy of speak tos is essential to the operation of judicial precedent. Usually, a court is bound by equally standing(a) courts or those of higher(prenominal) authority than itself in the hierarchy. In family 2009, the Supreme judiciary replaced the hearthstone of Lords by virtue of the inherent Reform Act 2005. Since then, the Supreme act sits at the altitude of the English court hierarchy and its decisions are adhere on all some other 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 divide of law is decisive upon this afterwards. Decisions of the highest court of the work should be last so that at that place will be certainty in law and finality in litigation. Undeniably, the turn out of strict binding would likely pull to individual ill fortune but if otherwise, ... If you trust to get a full essay, auberge it on our website:

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