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"Judicial Precedent must be followed even if a judge thinks that the decision is wrong", discuss.
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QUESTION : "JUDICIAL PRECEDENT MUST BE FOLLOWED EVEN IF A JUDGE THINKS THAT THE DECISION IS WRONG". DISCUSS. A precedent is a previous case that serve as an example to be followed. In Mirehouse v Rennel (1833), it was clearly stated in the opinion of Baron Parke given to the House of Lords that precedent must be regarded in subsequent cases and it was not for the courts "to reject and abandon all analogy of them". The doctrine of binding precedent became firmly established only after the second half of the nineteen century. It was encouraged by the declaratory theory of the common law. The principle behind this doctrine is that a decision made by a court in the superior court in the system, is binding on other courts in the subsequent cases where the facts are similar. It is firmly for the requirement of certainty, uniformity, consistency and flexibility...
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