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Look at the term doctrine of binding precedent and to what extent this has lead to the common law being responsive to change.
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| Submitted: Fri Feb 27 2004
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In this essay I am going to look at the term doctrine of binding precedent and to what extent this has lead to the common law being responsive to change. In doing so I will look at the doctrine of stare decisis, ratio decendi and obiter dicta. I will also include the 1966 Practice Statement and its rigidity and flexibility, the difference between persuasive and binding precedent and the hierarchy of the courts. In the law of England and Wales the doctrine of precedent is one of the key maxims of interpretation of the law. Walker & Walker defines the doctrine of precedent as the rule that a judge is not merely referred to earlier decisions of the courts of guidance; who is bound to apply the rule of law contained in those decisions? The doctrine depends on the hierarchy of the courts. All courts stand in definite relationship to one...
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