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With reference to appropriate examples, consider to what extent judges are bound to follow precedent
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Scarlett Hayes 12R1 With reference to appropriate examples, consider to what extent judges are bound to follow precedent There are many features in law which bind judges to follow precedent. A court has to be in the right place in the hierarchy to overrule a precedent. Overruling is retrospective, I.e. the judge's statement of the legal rule in the new case applies to the old cases as well. When they overrule they are stating that the law has always been as they are now stating it and that the judges decisions in past cases were wrong, however, this does not mean that the old cases can be re-tried. E.g. after R v. R two men were convicted of raping their wives, even though at the time of raping their wives the decision of R v. R had not been made, so at the time of raping their wives they were acting lawfully. Overruling is...
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