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Introduction
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Introduction to Law & Legal Method Shahid Khan (16132) Unit 2 Essay The view expressed in Lord Gardiner's Practice Statement of 1966 that the English doctrine of binding precedent "is an indispensable foundation on which to decide what is the law" has to be looked at in some detail before a decision can be reached whether the statement is acceptable in whole. I have laid the facts below in order to establish a decision. What are the main principles that are applied in judicial precedent? Are the different court structure being bound by the decision of others higher courts? To what extend binding precedent ensures the existence of both certainty and flexibility in common law? What are the other advantages and disadvantages that contribute to the doctrine of binding precedent? The most important form of precedent is Binding precedent, as, hence the name it is legally binding and must be followed. Consequently our legal...
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