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Critically examine the doctrine of Precedent. Giving reasons for your view and using cases to illustrate your answer, consider whether the doctrine strikes the best balance between certainty and flexibility.
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Critically examine the doctrine of Precedent. Giving reasons for your view and using cases to illustrate your answer, consider whether the doctrine strikes the best balance between certainty and flexibility. The doctrine of precedent is fundamental to the English Legal System, it provides both the procedural and conceptual underpinnings that have developed and continue to develop English law. The English legal system is based upon a common law system where there is no specific constitution and the law is developed largely through adversarial court cases rather than parliamentary involvement. It is often considered to be a strength of English law that it is built upon concrete examples provided by cases rather than through hypothetical models. The doctrine of precedent plays a vital role within this system, being charged with ensuring that the law evolves and changes with the pace of society and modern thinking in a consistent manner. As the question...
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