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Is Judicial Precedent an efficient System of Lawmaking?  

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Sunday, 21 October 2001 Is Judicial Precedent an efficient System of Lawmaking? Judicial precedent often referred to as case law, is one of the main sources of English law. Its roots go back to the early common laws of the country. It is based on the Latin maxim Stare decisis et non quieta morvere, which loosely translated means, stand by what has been decided and do not unsettle the established. In order for the judicial precedent system to work, an accurate detailed method of reporting cases is of great importance. After each case, a judge will give a speech, which contains two parts. The most important part is the section that contains details of the principle of law that has been used to base his decision on. This is called the ratio decidendi and means reason for deciding this is the part that creates binding precedent. The rest of the speech is...

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