Judicial Precedent

Historically , the spl prohibitour ways in which the system of effort truth locomotes in English Law were base on impost and stopping point of adjudicate . Judicial spring were real importance . In fact , the principle of doctrine of precedent is overly rigid in some circumstances and assume to an outdated and dirty finality . Therefore , judges be allowed to forfend following a precedent which is outdated or unjust . The effective system of precedent requires an accurate and reliable arrangement of legal judgements in cases to provide access to preceding(prenominal) juridical decision and a clear hierarchy of courts . Judicial precedent refers to the inception of constabulary where past decision of the judges occasion rectitude for future judges to follow . This source of law is excessively known as case law . close of the law of tort and contract and importance crimes such as cut up and common assault are a invention of the judges and not of parliament .The English system of precedent is based on stare decisis which is stand by the previous decision to treat like case alike . basically , a judge must follow decision do in higher courts and so higher courts decision are salad dressing on the lower courts . Judicial precedent is mathematical utilization to provide certainty , consistency , lucidity ,conformity and uniformity .

These concepts hindquarters help to boost public confidence in judicial precedent . Since judges are appointed , they are frequently familiar to the understanding of law . It is importance for them to foll ow the form of precedent and precedent pro! vide certainty , consistency , uncloudedness , conformity and uniformity . However , the precedent can provided operate if the ratio decidendi are known , which is the reasoning hind end the decision . This is the part of the judgement , which must be followed . On the hand , the part of the judgement that need not to be followed are called obiter dicta which means things said by the way . It is a form of persuasive precedent because the judges do not have to follow obiter dicta , though...If you want to get a honorable essay, order it on our website: OrderCustomPaper.com

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