What is Judicial Precedence & Ratio Decidendi?Critically Evaluate the System of Judicial Precedence.
Member rating:
(1 vote)
| Words:
| Submitted: Fri Mar 31 2006
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
What is Judicial Precedence & Ratio Decidendi? Critically Evaluate the System of Judicial Precedence. In England, we operate a system where there are two types of law, the first is statute law. This is where parliament has passed an act and has made a written law that must be adhered to. This is inline with the principle of parliamentary supremacy. The second is common law and to understand what judicial precedence and ratio decidendi are, we must study this area of the legal system and it is this system that is the predominant system of law in England. Common law is where judges decide cases by looking at previous decisions that are sufficiently similar and following the decision in that case, this is called stare rationibus decidendi, usually referred to as stare decisis, which means 'Let the decision stand'. What it means is that if a court of equal or higher standing makes...


Reviewed by: