doctrine of precedent essay

Of Precedent Law Essay Internet. Disadvantages of Doctrine of Precedent, rigidity. Now it is finally concluded from all forgoing discussion that the position of precedent from past to present is changed in vast dimensions and importance. In summary, judges make laws by comparing similar situations and following sets of principles to determine outcomes. Freemans over "equal pay" and also in the case of Finnegan v, Clowney Youth Training Programme Ltd 1990 2 All ER 546 on the retirement age for women under the Sex Discrimination Act 1976. The doctrine of precedent in the context of the English legal system means the judges in the courts make the rules for a particular case before the courts given the facts of the case in a given area of law.

As the doctrine of precedent is an essential part of English legal system, knowing how it works is also undeniably important. Within the hierarchy of English courts structure,. The doctrine of precedent provides for consistency in the application of the law, which therefore promotes justice and fairness (as the courts will decide like cases in the same. We will write a custom essay sample onAdvantages and disadvantages of the doctrine of precedentspecifically for you. This essay outlines the way in which courts use the system of precedent in deciding cases.

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Print, reference this, published: Mon, the doctrine of precedent plays a crucial role in the English legal system because common law the meaning of sacrifice essay is an important source of law in the English legal system as opposed to the European legal system, which is based on legal models. This attempt was made and condemned later in the House of Lords in Broome. Distinguishing; over ruling, reversing. Decisions of the highest courts are binding on lower courts. As in the Mandla. Cite weblastEssays firstUK urlp? Vref1 titleAn Assignment On Doctrine Of Precedent Law Essay m dateNovember 2013 accessdate locationNottingham, UK Reference Copied to Clipboard. The practice was eventually changed in July 1966 when Lord Gardiner, the Lord Chancellor, made a statement on behalf of himself and his fellow lords to the effect that their Lordships proposed in future to depart from their own previous decisions. It does not have direct bearing on the case and may not be backed up with legal precedent, it is simply a statement about some aspect of a case. A persuasive precedent is different to a binding precedent in that the lower courts are unable to bind the higher courts to their decision, but can only be persuasive. Value of precedent is now decreased to some extent and new concepts of prospective overruling has evolved to avoid the complications in vast changing society. But in practice due to costly litigation and the reluctance of the House of Lords to over rule its own precedent only in exceptional situations the doctrine of precedent is rigid to some extent.

Stevenson to the case of Grant. There is also some degree of certainty, as the outcome of cases can be predicted based on previous decisions. Ratio Decidendi: The Latin phrase ratio decidendi, often translated as the reason for the decision, is used in the legal community to refer to the rationale behind a court decision. Sholapur Spining and Weaving.