Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
The Role of Ratio Decidendi in Judicial Precedent.
Member rating: No Rating | Words: | Submitted: Tue Oct 26 2004
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
The Role of Ratio Decidendi in Judicial Precedent Ratio decidendi plays a very important role in judicial precedent as it is the legal principle underlying the decision in a particular case. Therefore, it creates the precedent for future cases and is considered the most important part of a judge's speech. Judicial precedent, which is case law, has been and still is a major source of law in the English system. The decisions from previous cases create law for future judges to follow. The English law system is based on the Latin principle of stare decisis, which means 'stand by what has been decided and do not unsettle the established,' i.e. follow the common law, don't try to change it. There are different types of precedent; original, binding and persuasive. Original precedent is a point of law where a new case that hasn't been decided on in the past. In...
To see the full version of this document, and 145,328 others
