Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Discuss whether the Doctrine of Judicial Precedent allows Judges flexibility in developing the law
Member rating:
(3 votes)
| Words:
| Submitted: Wed Aug 13 2003
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:
Discuss whether the Doctrine of Judicial Precedent allows Judges flexibility in developing the law Since every court is bound to any decision made by a court above it in the hierarchy, and in general, appellate courts are bound by their own previous decisions, the system is very rigid. However there are ways to get around this rigid system of Judicial Precedent. The highest court that affects the English Legal System is the European Court of Justice. This court can overrule its own pas decisions if it feels necessary. This is a very flexible approach to past precedents, which is a contrast to the more rigid approach in our national courts. The most senior national court is the House Of Lords, therefor it's decisions bind all other courts in England. From 1898-1966 the House Of lords was completely bound by it's past decisions, in 1966 the Lord Chancellor issued the Practice...
To see the full version of this document, and 145,348 others
