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"Within the present system of precedent in the English legal system, judges have very little discretion in their decision making."
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Judicial Precedent Past year examination questions Zone A 2001 Question 2 "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law. Therefore, their decisions should be fair and consistent so as the individuals seeking legal remedies would have more faith in the judicial system of the state. AS the UK has not a very complete and/or codified constitution, this doctrine is very much relied on as contrasted with other countries which seemed to have provisions for virtually any kind of offence, like France or the US where judges had only to refer to legislation. The doctrine of Judicial Precedent operates based on the principle of Stare Decisis, inter alia, to stand by past decisions to establish certainty, fairness and consistency as well as predictability. The rationale of this doctrine was made by Parke J...
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