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"One of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this." - Discuss  

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"One of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this." Primary hallmark of substantive law in English system is that so much of decision-making process is achieved by consistency through the application and development of case law and precedent. For example, the large volume of the law of tort and contract, equally important crimes as murder and common assault are a creation of the judicial precedent system and not of Parliament. Thus distinguish the English legal system from the codified systems of Europe and elsewhere1. The doctrine of judicial precedent is crucial in the understanding of the practice of law in English jurisprudence. In this work I will consider the concept of the judicial precedent within hierarchies of decision-making process thus allows to see consistency in practice It also important to consider how precedent works, what freedom it offers to individual...

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