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Explain and illustrate the operation of the doctrine of judicial precedent.
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| Submitted: Tue Sep 16 2003
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A) Explain and illustrate the operation of the doctrine of judicial precedent (15 marks B) How far it is true to say that judges are bounded by decisions in earlier cases? (15 marks) A) Judicial precedent is based on the doctrine of "stare decisis". Which means "stand by what has been decided and do not unsettle the established". The purpose of this is to create certainty and fairness. Precedent is created by the judgements on past cases. The judgement is the speech made by the judge who has made the decision on the case, and it is split into two parts. There is often more than one judge hearing a case, and so there may be many judgements on one case. The first part is the "ratio decidendi". This is the most important part as it gives the judge's decision. He will give a summary of the facts of the case, review the...
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