SYSTEM OF PRECEDENT

System of Precedent

System of Precedent

Introduction

Application of the doctrine to the extent to which it limits judicial innovation in the creation and branding of existing norms. The British Legal scheme has slowly been evolving over time and can be traced back as far as 1066. Certain characteristics help to differentiate this law system from any other, such as the regulation of precedent. Throughout time, a specific court structure has matured and a pattern of hierarchy is held between the distinct courts. Through the doctrine of binding precedent, the conclusions of the better courts are binding on the enclosures, which are below it.

(1) House of Lords said that a system of precedent necessary basis to provide certainty in the law. Explain how the system works precedent aim at certainty, while ensuring certainty that does not lead to rigidity.

The doctrine of judicial precedent is unreasonably restricts the development rights. The impact of court decisions has been strengthened by the adoption of the doctrine of stare decisis, which is the binding force of precedent is one of the main features of the common law system. Introduction of the court in the jurisdiction of the court a remarkable fact of common law and its absence in the civil law and international law. Ultimately, the doctrine of stare decisis plays an important role in constitutional cases and judicial precedent can be ignored if there is a special jurisdiction. The doctrine of precedent is vital to the final appellate court. Precedent provides for continuity, consistency, predictability and fairness in the legal system. Nevertheless, precedent should be flexible so as to cancel the decision or not.

Stare Decisis

Stare decisis is a lawful standard by which judges are obliged to esteem the precedents established by former decisions. The phrases begin from the phrasing of the standard in the Latin maxim gaze decisis et non quieta movere: "to stand by decisions and not distract the undistracted." In a lawful context, this is appreciated to signify that enclosures should usually abide by precedents and not disturb resolved matters. This doctrine is fundamentally a obligation that a Court must pursue the directions established by a Court overhead it.

Ratio Decidendi

Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "the point in a case which determines the judgment" or "the principle which the case establishes." In other words, ratio decidendi - legal rule derived from, and consistent with, those parts of legal reasoning within a judgement on which the outcome of the case depends. It is a lawful saying which mentions to the lawful, lesson, political, and communal values utilised by a court to compose the rationale of a particular judgment. Unlike obiter dicta, the ratio decidendi is, as a general direct, binding on courts of smaller and subsequent jurisdiction—through the doctrine of gaze decisis. Certain enclosures are adept to overrule conclusions of a court of co-ordinate jurisdiction—however out of concerns of judicial comity they generally try to pursue co-ordinate ...