Share:

Share on Facebook
Share on Twitter
Share on Google Plus
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Judicial precedent

A feature of the English legal system is that judges can make laws by their decisions in court. If the decision is of a higher level court, it can operate as a binding precedent which has to be followed by other judges in later cases. However the system is not completely rigid as there are devices for some judges to avoid or depart from a binding precedent in certain circumstances. Both advantages and disadvantages of the system of precedent are considered.

Judicial precedent is judge made law – when judges make their decisions about a case and give the reasons for their decision in open court. It is a ‘common law’ system separate from law made by parliament and is a distinct feature of the English legal system. It does not operate in European countries whose laws are generally based on codes which judges apply to the case before them. In order to make the system work there are a number of features explored in this guide.

More essays on judicial precedent

Discover all about judicial precedent, from the main ideas to the advantages and disadvantages, and use our case examples to create ideas for your own work.

Marked by a teacher

AS LAW -JUDICIAL PRECEDENT

4 star(s)

(a)Precedent is a law which has been created and is used to make decisions on cases. There are four types of precedent; judicial precedent is when past...

Judicial Precedent

4 star(s)

a) Describe the system of judicial precedent Judicial precedent is the system where the judge makes the law, where decisions that are made by the judges

Marked by a teacher

Judicial Precedent

3 star(s)

Judicial precedent The doctrine of judicial precedent is based on the principle of stare decisis, meaning 'to stand by what has been decided'. Under...

Marked by a teacher

Common Law and Equity

5 star(s)

Outline the development of common law and equity. A The Law in England didn't come about all at once, but has developed over the centuries. There are...

Marked by a teacher

Jury (Criminal & Civil Trials)

4 star(s)

Jury Essay (a) Describe the role of Jury in Civil and Criminal trials. Juries have been used in our legal system for over 1000 years since the Magna Carta...

Marked by a teacher

What is judicial precedent?

3 star(s)

What is judicial precedent? What are the main principles that are applied in judicial precedent? Are the different court structure being bound by the decision...