BINDING PRECEDENT

Doctrine Of Binding Precedent Operates in the English Courts

Doctrine Of Binding Precedent Operates in the English Courts

English law is essentially a judicial law where the judge is not considered to interpret the law, but who says custom. The English common law based on uniform and colleges which generates a cultural unity whose immediate effect is to reduce the differences in legal criteria. In this system, one of the main sources is the case (Case law) in which the authority derives from the rule of adherence to judicial precedent (stare decisis), the same as pre-publicity can only operate through the law reports (Duxbury 2008, p. 6). If we consider the application of English legal precedent, we see that it is binding (Binding Precedent) when the higher courts give such, as well as being creative right. Judge may withdraw binding precedent, which is an innovation that should be based highlighting differences between cases, thus updating the English legal system.

The common System Law, the precedent can be defined as a decision of a court or a judge. It made after an argument on a question of law raised in a case, and necessary for the establishment of it, is an authority or binding precedent for the same court and others of equal or lower rank in subsequent cases that pose the same question again, can be understood as part from the individual to the appropriate target (Miller, Vandome & McBrewster 2010, p.85). As Continental law, the precedent seen from the objective law to this case, refers to a constitutional rule, i.e. a rule interpretation or integration via the ordering device, creates the judge to the case at hand and can use to solve a similar future case, the function corresponding to the courts.

The doctrine of binding precedent arose from the fertile ...