Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
“The system of Judicial Precedent permits both flexibility and stability in the law.” Explain and comment on how precedent achieves both these aims.
Member rating:
(3 votes)
| Words:
| Submitted: Thu Jul 11 2002
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
Judicial Precedent "The system of Judicial Precedent permits both flexibility and stability in the law." Explain and comment on how precedent achieves both these aims. Judicial precedent is based on the doctrine of "stare decisis". This comes from the Latin phrase, "stare decisis et non quieta movere", which means "stand by what has been decided and do not unsettle the established". The purpose of this is to create certainty and fairness. Precedent is created by the judgements on past cases. The judgement is the speech made by the judge who has made the decision on the case, and it is split into two parts. It should be noted that there is often more than one judge hearing a case, and so there may be many judgements on one case. The first part is the "ratio decidendi" ("reason for deciding"). This is the most important part as it gives the judge's decision....
To see the full version of this document, and 145,328 others
