Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Describe the operation of the system of judicial precedent and assess its present significance in the law of England.
Member rating: No Rating | Words: | Submitted: Fri Jan 28 2005
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:
Describe the operation of the system of judicial precedent and assess its present significance in the law of England. Judicial precedent is the doctrine that validates case (or common) law. Case law is applied throughout the English Court hierarchy, however its significance is placed below that of Parliamentary legislation, e.g. statutes etc, and European Law. The purpose of judicial precedence is to work towards ensuring that every person is treated the same in accordance with current English law. It is one of the oldest and most fundamental, basic principles of today's English legal system and involves the reference to past judicial decisions so that similar cases are all tried the same: "By case law is meant the decisions of judges laying down legal principles derived from the circumstances of the particular disputes coming before them." 1 The doctrine of judicial precedent is set out via the statements; 'stare decisis': to stand by decisions,...
To see the full version of this document, and 145,345 others
