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Explain and Illustrate the Operation of the Doctrine of Judicial Precedent.
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| Submitted: Wed Feb 25 2004
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Explain and Illustrate the Operation of the Doctrine of Judicial Precedent Binding precedent means that a decision is made by using a previous case. An inferior court must take binding precedent from superior courts unless there is an appeal. Stare Decisis is a term used with binding precedent. It means to stand by a decision. The doctrine of judicial precedent depends on two factors, court hierarchy and law reporting. Court hierarchy is covered under the section of 'operation of the doctrine'. Inferior courts are bound by previous decisions made by the courts higher above. An efficient system of law reporting began in 1865. This meant that previous decisions could be taken into account. The date given for the binding precedent system is 1898 in the UK when the House of Lords declared itself bound by its own previous decisions, this was evident in 1898 London Tramways V London County Council. The vital element for the purposes...
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