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It is now probably commonly accepted '…that judges do make law. 'In view of 'binding' nature of precedent, explain how this statement may be true.
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Business Law (LA 35310) Coursework Assessment Question: It is now probably commonly accepted '...that judges do make law.' In view of 'binding' nature of precedent, explain how this statement may be true. Illustrate your answer with reference to decided cases. Introduction: The English legal system is a 'common law' legal system, which means that it has been developed by judges case to case for a long time, in which what it is called the system of precedent. It is very important to us to understand what and how does the system of precedent work within the English legal system. The meaning of precedent: 'The doctrine of binding precedent, or stare decisis refers to the fact that, within the hierarchical structure of the English courts, a decision of a higher court will be binding on any court which is lower than it in that hierarchy. In general terms, this means that, when judges try cases, they will check...
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