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Discuss whether or not the doctrine of precedent allows for the law to develop to meet the changing needs of society.
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Discuss whether or not the doctrine of precedent allows for the law to develop to meet the changing needs of society. Up until 1966 the House of Lords could not depart from previous decisions unless they were made per incuriam ('through lack of care'), this means the law could not adapt to the changing needs of society. In 1966 the practice statement was issued by the House of Lords and this stated that the House of Lords could depart from previous decisions 'when appears right to do so'. The practice statement clarifies the House of Lords will not depart from previous decisions lightly. An example of the House of Lords departing from a decision is in the case of R v Howe (1987) when the House of Lords overruled its own previous decision in DPP v Lynch (1975) that had decided duress could be a defence for murder. R v...
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