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Explain and illustrate the operation of the doctrine of judicial precedent


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Explain and illustrate the operation of the doctrine of judicial precedent

... Explain and illustrate the operation of the doctrine of judicial precedent Judicial precedent refers to the source of common law where past decisions of judges create law for future judges t follow. This source is a major source of law both historically and today. The English system of precedent is based upon the Latin phrase; maxim stare decisis et non quieta movere (usually just stare decisis). This translated means; 'stand by what has been decided and do not unsettle the established'. This supports the idea of fairness and certainty in the law. The basic idea is that the higher courts bind the lower courts. The European Court of Justice bounds all English courts and is not bound by it's own past decisions. The House Of Lords is binding on all other courts and is bound by all it's past decisions, this was true until 1966 when the practice statement was introduced

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