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Explain and Illustrate, the Operation of the Doctrine of Judicial Precedent and Discuss how far Judges are Bound by Decisions in Previous Cases.
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Explain and Illustrate, the Operation of the Doctrine of Judicial Precedent and Discuss how far Judges are Bound by Decisions in Previous Cases One of the fundamental characteristics of the British Legal System is that of Judicial Precedent. The rules dictate that in certain circumstances a decision be followed whether the second court approves of the precedent or not. In more simple terms, this means when a judge must follow any decision a higher court has made about a case with similar facts. The judgement of a court can be divided into two. Each part as a Latin name; the ratio decidendi and the obiter dicta (which is explained later). Ratio decidendi translates as "the reason for the decision". A definition of the ratio decidendi is one by Professor Cross, which is: "Any rule of law treated by the judge as a necessary step in reaching his conclusion". So, the ratio...
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