1. Stare Decisis/Precedent - A stare decisis is defined by the Criminal Justice Today textbook as "A legal principle require that, in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction between them. The term literally means "standing by decided matters" (Schmalleger 111). It is known as the doctrine that rules or principles of law on which a court rested a previous decisions are authoritative in all future cases in which the facts are substantially the same. It is also known as the doctrine that a trial court is bound by appellate court decisions, which are known as precedents, on a legal question which is raised in the lower court. Reliance on
It's referring to precedents. Precedents are previous decisions of the court that need to be followed by courts in the same or lower in the hierarchy. The court must give consideration but there is no rule on how it should apply it to the facts of the case at hand.
It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is
This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.
27). By following this doctrine of precedent, stare decisis, judges are bound to follow the ratio decidendi, the reasons given, for the rulings in previous cases from higher up in their jurisdictional hierarchy. Rulings from other jurisdictions can also be used as persuasive force and argument, as can the obiter dicta, the judges’ comments other than those given as the reason for the ruling. In this way Judge made law resolves conflict and injustice by ruling consistently with rulings made in previous, characteristically similar cases. An inconsistent approach to similar situations cannot equate to being fair, just or equitable. In this way the ALS is not biased or prejudice, is applied equally to all, and ensures that the law is based on fairness and justice.
* Case Law/Precedent/STARE DECISIS – Case Law is the doctrines and principles announced in cases. It governs all areas not covered by statutory law or administrative law and is part of our common law tradition. A Precedent is a decision that furnished an example of authority for deciding subsequent cases involving identical or similar legal principles or facts. For example, when a judge is making a ruling on a case, the judge may refer back to a similar case to see what the previous ruling was to keep the result similar. Stare Decisis is the practice of this process, deciding new cases with reference
When a decision is made for a new dispute, in a common law system, the judgement is passed as a precedent. A precedent is a verdict made by legal authorities for a principle or rule that provides guidance for any future cases having similar issues. Precedents are supported by the doctrine of precedent also known as ‘stare decisis’. ‘Stare decisis’ is a Latin term translating to ‘the decision stands’. This doctrine is a legal principle that judges are obliged to follow and respect (Milgate P, 2013). This implies, that any future cases with similar circumstances should have the same verdict (punishment/decision etc.) as the precedent. Precedents are followed to ensure fair treatment and so that law is developed in a consistent manner providing older cases with the authority and structure for current judges to make their decisions. When there is no precedent a decision is met through existing statute laws
Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.
xiii) Influence of EU ensures that altering UK constitution is hard – cannot be incompatible
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with
The judges in the lower courts are bound to follow previous decision of the higher courts. It is an essential component of the common law as it is important of adequate law reporting. It is a decision of the court used as a source for future decision-making.
It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.
The statement above said by Lord Bingham, from ‘The Rule of Law’ (2007) 66 (1) Cambridge Law Journal 67-85, p. 76. The statement references that the rule of law is not abided by if the state does not provide human protection. This statement can be looked upon, agreed and disagreed with after reviewing the two theories in the rule of law. This will be made possible, as I compare Joseph Raz’s formal theory and Lord Bingham’s Substantive Theory on the rule of law. But firstly, I will address what the Rule of Law is;
“…No matter how plain a women may be if truth and loyalty are stamped upon her face all will be attracted to her...” Anna Eleanor Roosevelt was born on October 11, 2014 in New York City, New York. She was the only the only daughter of Anna Hall and Elliot Roosevelt; she was the middle child in her trio of siblings. Her brothers were Elliot Roosevelt Jr. and Gracie Hall Roosevelt who were the oldest and youngest siblings respectively. The Roosevelt siblings encountered trauma at a young age. Their mother passed away when Eleanor was only eight years old and their father passed away shortly after, when Eleanor just turned
The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."