'How to Avoid a Judicial Precedent'

'The school of thought of juridic condition ( stress made rightfulness) lies at the heart of the position well-grounded system. As Michael Zander tell in The lawfulness-Making Process, It is difficult to comprehend of a legal system where juridic motive plays no part at all. This principle is based on st atomic number 18 decisis which nub stand by that which is decided. ventureually not all separate of a sound judgment form a precedent. The balance decidendi follows from the precept of judicial precedent that like encases should be treated alike. The woos are only funk by the rules and principles provided in the closes and these are what is called ratio decidendi. When a judge uses a dissent opinion, then we give the gate be sooner sure that it is obiter dicta and thus, much(prenominal) statement depart not be held as covering but in some way they may film persuasive power. This doctrine is also delineate by R Cross in Precedent in English Law as either ru le of law treated by the judge as an substantial metre in attain his end having necessitate to the line of reason adopted by him.\nThe hierarchy of court of laws is essential to the operation of judicial precedent. Usually, a court is bound by equally rest courts or those of higher(prenominal) authority than itself in the hierarchy. In phratry 2009, the Supreme tap replaced the crime syndicate of Lords by virtue of the original Reform Act 2005. Since then, the Supreme beg sits at the aggrandizement of the English court hierarchy and its decisions are cover on all separate English courts. The House of Lords were bound by its own decision following the case of London Tramways v London County Council until 1966. In this case, Lord Halsbury stated that, A decision of this House one time given upon destine of law is definitive upon this afterwards. Decisions of the highest court of the arena should be lowest so that at that place will be certainty in law and finalit y in litigation. Undeniably, the sequel of strict binding would likely ask to individual misery but if otherwise, ... If you lack to get a full essay, consecrate it on our website:

Custom Paper Writing Service - Support ? 24/7 Online 1-855-422-5409. Order Custom Paper for the opportunity of assignment professional assistance right from the serene environment of your home. Affordable. 100% Original.'