A Judicial Precedent Essay
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A Judicial Precedent
The doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding on a court lower than its hierachy. Judicial precedent can be applied on cases and to be treated similiarly when the material facts of the cases are identical.
There are two main principles that are involved in judicial precedent, there are ratio decidendi and the obiter dictum. Ratio decidendi is a principle of law on which the court reaches its decision. The ratio decidendi of a case may be understood as the statement of the law applied in deciding the legal problem raised by the concrete facts of the case. The ratio of a case is binding on…show more content…
Through judicial precedent, lower courts are bound by the decisions of higher courts, hence based on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law. It creates certainty in the sense where like cases are treated alike if the material facts are identical, and this will enable the lawyers and their clients to predict what the likely outcome of a particular case through previous judicial decisions. It also creates flexibility, where this refers to the fact that judges can manipulate the common law provided, then with an opportunity to develop law in a particular areas without waiting for parliament to enact legislation. Judges can be subsequently overruled or distinguished the decision whether it is applicable or simply not applicable to the instant case.
Judicial precedent provides consistency, when like cases are decided on a like basis and are not apparently subject to the whim of the individual judge deciding the case in question. This aspect of formal justice is important in justifying the decisions taken in particular cases.
Besides the advantages, there are disadvantages for judicial precedent too. It creates uncertainty because the doctrine of stare decisis is undermined by absolute number of cases that have been reported. This uncertainty is
S…U…Z…A…N И в то же мгновение дверца лифта открылась. ГЛАВА 108 Лифт Стратмора начал стремительно спускаться. В кабине Сьюзан жадно вдохнула свежий прохладный воздух и, почувствовав головокружение, прижалась к стенке лифта.