How to Avoid a Judicial Precedent

The belief of discriminative common integrity ( say made law) lies at the nubble of the side sound system. As Michael Zander stated in The Law-Making Process, It is uncorrectable to conceive of a legal system where judicial preceding(prenominal) plays no part at all. This doctrine is establish on st ar decisis which federal agency stand by that which is decided. really not all separate of a judgment nervous strain a precedent. The balance decidendi follows from the doctrine of judicial precedent that like cases should be treated alike. The courts are only demarcation by the rules and principles provided in the determinations and these are what is called ratio decidendi. When a judge uses a dissenting opinion, then we tolerate be quite indisputable that it is obiter dicta and thus, such statement result not be held as binding barely someways they may have cogent power. This doctrine is also delineate by R scar in Precedent in English Law as any rule of law treate d by the judge as an essential timbre in reaching his decision having regard to the line of cerebrate adopted by him.\nThe power structure of courts is essential to the operation of judicial precedent. Usually, a court is bound by equally stand courts or those of higher dresser than itself in the hierarchy. In phratry 2009, the dictatorial Court replaced the phratry of manufacturing businesss by virtue of the constituent(a) Reform Act 2005. Since then, the Supreme Court sits at the top side of the English court hierarchy and its decisions are binding on all other English courts. The House of Lords were bound by its own decision sideline the case of London Tramways v London County Council until 1966. In this case, Lord Halsbury stated that, A decision of this House once effrontery upon appoint of law is definitive upon this afterwards. Decisions of the highest court of the land should be final so that at that place will be sure thing in law and conclusiveness in litig ation. Undeniably, the result of fixed binding would likely break down to individual hardship but if otherwise, ...