- judicial precedent essay: a) explain and illustrate the operation of the doctrine of judicial precedent b) how far is it true to say judges are bound by decisions in earlier cases a) judicial precedent is where the past decisions of the judges create law for future judges to follow. In many jurisdictions, the most important source of law is its written constitution and the treaties and laws that have been passed under the authority of that constitution possibly the most famous example of a written constitution is the constitution of the united states of america. In contemporary times, judicial decision has come to be an important source of law it is the responsibility of the courts to interpret and apply laws to specific cases the courts settle the disputes of the people in cases that come before them. Judicial precedent is the application of a principle of law as laid down by a higher court on a past occasion in a similar case to the case before the court this is known as the doctrine of 'stare decisis' ie to stand by the decided.
Importance of independent judiciary: in the life of the citizens of a state, judiciary is a source of confidence and fearlessness the common man depends upon judiciary for getting justice. Sources of law the constitution acts of parliament subsidiary legislation existing laws (all laws existing prior to 1992 constitution. Conclusion judicial precedents are indeed a good source of law saves the time of the courts and hence helps in ensuring effective justice delivery system it cannot be denied precedents are one of the most important sources of law. The judicial precedents are an important source of law sometimes, there is no provision, which can answer a particular question of law in such cases the court will look into the previous decisions on similar matters to find the relevant law.
In the us legal system, judicial decisions create legal precedents that guide judges in deciding similar future cases the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. Stare decisis as judicial doctrine 413 importance to the rule of law,2 promoting the evenhanded, predictable, and consistent development of legal principles, 3 and contributing to the actual and. The common law was the law that emerged as common throughout the realm (as distinct from the various legal codes that preceded it, such as mercian law, the danelaw and the law of wessex) as the king's judges followed each other's decisions to create a unified common law throughout england. Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies for example, the use of jewish and halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent christian canon law is more similar to civil law in its use of.
Judicial decisions, as any first year law student knows, are one of the fundamental sources of our law yet court decisions can only effectively be a source of law if they. Another source of law in botswana is the common law which is a medley of both roman-dutch and english common law roman dutch law is said to be the common law of botswana which was inherited from the cape colony. Primary sources of law a primary source of law are the texts of a law itself and all court cases related to it a law specifies what a person can or cannot do, under what circumstances, and in. One of the most important of these laws is the law of precedent or stare decisis that doctrine and its significance in practical terms are the subject matters of this paper this paper is also about how a lawyer in everyday practice answers a legal question and how that lawyer evaluates and formulates legal arguments.
Judicial precedent is an important source of english law as an original precedent is one which creates and applies a new rule however, the later decisions, especially of the higher courts, can have a number of effects upon precedents. A legal treatise is a book about one area of the law and a law review is a magazine or journal that has essays about different parts of the law written by legal scholars one response to the importance of precedent. Judicial precedent is a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issues or facts.
The indian legal system, like the common law system is replete with customary laws and principles and hence it is essential that to comprehend the indian system, one understand the role of custom as a source of law. Judicial review is a power vested with the judicial system of a country's government the legislative body of a government is vested with power of making/enacting laws for the welfare of the country and people as a whole. Judicial decisions as a source of law thus whenever there is a doctrine or precedent, when a new issue is brought before the courts the decision reached will become binding for later similar cases and in this way will achieve the.
The case law, which is a primary source of law) tucker, supra note 7, at 757-58: the essential difference between the civil and the common law lies in the generating force of authority. The doctrine of judicial precedent also known as stare decisis ('let decided things stand'), or binding precedent, is of fundamental importance within the english legal system established through the centuries, it states that the english courts are obliged to follow previous decisions within certain limits. The legislation has its source in the law making will of the state whereas precedent has its source in judicial decisions 2 legislation is imposed on courts by the legislature but prece-dents are created by the courts themselves.
Judicial opinions (seen as judicial precedents) produce the law electoral judicial opinions (seen as precedents) produce electoral law the so-called english system or ordinary litigation system empowers judges at the judicial branch of government to solve electoral disputes in a definitive way. The supreme court has been given the highest appellate power of any court of law in the united states, but beyond that function it has emerged it has an effective source of new reform, based largely on the status accorded to judicial precedence. Advantages of judicial precedent advantages: o consistency and predictability - the system provides fairness and justice as similar cases will be treated and decided in the same way as a past case.