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Describe how the doctrine of precedent operates in English law. Illustrate your answer with cases. The doctrine of judicial precedent is based upon stare decisis meaning to stand upon previous decisions. Under this doctrine legal decisions made by judges in the higher courts set a precedent, and have to be followed in future case with similar facts by judges in lower courts. Treating all cases alike ensures equal treatment and keeps the law consistent. Judges apply law to the facts of the case and will then make a decision based on the facts of the case. The legal reason for a judge's decision is called a ratio decidendi, he will state the ratio decidendi in his final judgement. This ratio forms a binding precedent, which will have to be followed in future cases of similar facts. For example, the ratio decidendi of the Donoghue v Stevenson (1932) case was,...

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