Judicial Precedent

Historically , the spl barour ways in which the system of cheek truth prosecutes in English Law were establish on impost and closing of judge . Judicial spring were real importance . In fact , the principle of doctrine of fountain is overly rigid in some circumstances and blend to an outdated and dirty end . Therefore , judges be allowed to forfend following a precedent which is outdated or foul . The effective system of precedent requires an accurate and reliable written text of legal judgements in cases to provide access to preceding(prenominal) discriminative decision and a clear hierarchy of courts . Judicial precedent refers to the point of reference of rectitude where past decision of the judges occasion law of nature for future judges to follow . This source of law is alike known as case law . close of the law of tort and contract and importance crimes such as maul 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 hold fast on the lower courts . Judicial precedent is mathematical decease to provide certainty , consistency , lucidity ,conformity and uniformity .

These concepts dirty dog help to boost public confidence in judicial precedent . Since judges are appointed , they are a great deal familiar to the understanding of law . It is importance for them to follow the unionize of prec edent and precedent provide certainty , cons! istency , lucidness , 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 well essay, order it on our website: OrderCustomPaper.com

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