Topic > Judicial Precedent - 2153

This essay will examine the doctrine of judicial precedent that helps shape the English legal system. It will illustrate the various points of view raised by the judges and related to the cases relating to the use of "stare decisis" in setting precedents. We will also discuss how developments in the powers of the courts now allow them to depart to some extent from these precedents. The doctrine of judicial precedent applies the principles of stare decisis which 'leaves the decision in place'. “Whenever a new question of law arises, the final decision constitutes a rule to be followed in all similar cases, making the law more predictable” making it easier for people to live within the law. An original precedent is where a question of law is decided for the first time. This was illustrated in Donoghue v Stevenson where there was a rotting snail in a bottle of ginger beer. The House of Lords has set a precedent that manufacturers have a duty of care to customers in the law of negligence. A key factor of judicial precedents usually refers to whether decisions of a higher court are binding on a lower court in the hierarchical structure of the courts. This is best illustrated in the case of Donoghue v Stevenson. However, if the previous decision was made by a court of equal or higher status than the court that decided the new case, then the judge should follow the rule of law established in the previous case. These are known as binding precedents. Courts access these previous judgments through the law's reporting system. The precedent system could not function without an accurate and comprehensive collection of key decisions of higher courts, readily available to all who need it. Authoritative reports compiled by legally qualified legal journalists are formed before… mid-paper… law to be developed without the need for lengthy litigation. However, a change in the law must be brought before the competent court. This usually means that litigants in the Court of Appeal or the House of Lords do not necessarily have the wherewithal to take their cases that far. In conclusion, the doctrine of judicial precedent has been accepted to form our legal system, through the use of binding precedents. . It has helped the law maintain certainty, but through the flexibility of the courts and exceptions to depart from precedent the law has continued to develop in a fair way. Works Cited Penny Darbyshire, Darvyshire on the English Legal System, ninth edition. Terence Ingman, The English Legal Process, eleventh edition.Catherine Elliott Frances Quinn, English Legal System, seventh edition.Gary Slapper and Davis Kelly, The English Legal System, tenth edition.