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‘The scope of the flexibility of the doctrine of binding precedent has two sources; the flexibility of the basic concepts of ratio and dictum and the limited degree of self-bindingess in the High Court, the Court of Appeal and the House Of Lords.’ Cr...
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'The scope of the flexibility of the doctrine of binding precedent has two sources; the flexibility of the basic concepts of ratio and dictum and the limited degree of self-bindingess in the High Court, the Court of Appeal and the House Of Lords.' Critically discuss this comment, using decided cases to support your discussion. The aim of this essay is to critically discuss the flexibility of binding precedent. The following areas I will focus onto are ratio decidendi and obiter dicta/dictum, as these aspects of the court show the flexibility and inflexibility of binding precendent. I will also concentrate on the hierarchy structure. To fully answer this question, we need to understand the meaning of doctrine of precedent in-depth. To break down the term doctrine of binding precedent, precedent means, 'a judgement or decision of a court, normally recorded in a law report in a law report used as an authority for...
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