Thursday, April 18, 2019

Judicial Precedent Essay Example | Topics and Well Written Essays - 750 words

Judicial Precedent - testify sampleIt has similarly helped in the development of the English uprightness, however original precedent atomic number 18 those that turn over impertinently rule in decision making. Despite the importance of judicial precedent higher royal courts domiciliate have an effect on it and this occurs when the following occursThis happen when a court rejects decisions of an earlier fibre on the bases that there were no sufficient incidents to support the decision, in this case therefore judicial precedent is affected. Example is the Balfour V Balfour (1991) case.Binding precedent is that precedent that must be followed, in this type of precedent start courts must follow and honor decision made by higher courts. This type of precedent is also referred to as mandatory precedent. Example Young V Bristol (1944) casePersuasive precedent is that precedent that is non mandatory but helps in decision making, it is also known as advisory precedent because it helps in decision making therefore decision will rely on other parallel court decisions example military courts. Example R v Gott (1992) case ant the R v Howe (1987) caseCustoms can also be viewed a form of precedent whereby decision by a court will be influenced by customs held by a society, these customs are referred to as precedents only is they have been tradition held by a community for a long time.Certainty is presen prefer and disadvantage of judicial precedentAdvantagesCertaintyCertainty is present in law whereby decision are made in particular way, in the case where the cases were not based on precedent then(prenominal) there would be the occurrence of uncertainty whereby citizen would not clearly know their rights.GrowthPrecedent allows the sufferance of law and the development of new laws, relying on previous decisions is a clear indication of adoption of new laws into the system making it possible for growth and development in law. Consistent decisionDue to the fact t hat decisions are based on previous decisions then there is a high possibility of torso in judgment and decision making, similar cases with similar fact and issues will receive almost similar decisions.DisadvantagesRigidityIt has a disadvantage in that it is characterized by rigidity, this occurs when binding decision are made level(p) if the decisions are thought to be wrong, the decisions are made with reference to past decision instead of distinguishing them. deadening growthJudicial precedent may also lead to slow growth and development of law, this is because settle will make decisions on cases depending on previous decisions despite the need to make adjustments in the law system.

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