Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
Using cases as illustration, consider the extent to which judges have been able to develop the law despite the constraints of the doctrine of precedent
Member rating:
(1 vote)
| Words:
| Submitted: Sun Dec 15 2002
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
"Using cases as illustration, consider the extent to which judges have been able to develop the law despite the constraints of the doctrine of precedent." Judicial precedent means, basically, the practice whereby judges adhere to formerly decided indictments where the particulars are similar. The principle of judicial precedent involves an appliance of the principle of stare decisis et non quieta movere, id est, basically, to maintain the outcome of previous cases, without upsetting what has already been established. When it comes down to it, the ratio decidendi part of the judgement implies that 'inferior courts' are bound to relate the legal doctrine set down by 'superior courts' in earlier cases. This is referred to as the binding precedent. This provides uniformity and to some extent, dependability in the law, which to up to a point means we know how we can behave within a set of rules and what the consequences...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 146,871 others
Receive email updates for this category
- Simply tell us your email address and receive a weekly Study Help Email for FREE
- Receive 3 FREE essay views with each email
- Get all the latest essays from Coursework.Info & discussion from TheStudentRoom.co.uk
