"Within the present system of precedent in English Legal System, Judges have very little discretion in decision making" Discuss.
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Question: "Within the present system of precedent in English Legal System, Judges have very little discretion in decision making" Discuss. The municipal Law of England today is divided into two kinds. The unwritten or common law (Lex non scripta) and the written or statutory Law (Lex Scripta).Common Law being a branch of the Law is subjugated to federal and state Legislative enactments. However, it still plays a major part in the English Legal System. Common Law also known as "Judge-made" Law is based generally on the basis of precedent. The essence of Judicial precedents is that is made by judges sitting in courts, applying their common sense and knowledge of existing legal precedent to the facts places before them. Basically it consists of what had gone before as a guide, giving rise to the notion of the "declaratory theory". However, everything in a case report sets a precedent. The contents of a report in...

