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Describe the operation of Judicial Precedent.B. Identify and explain the advantages and disadvantages of precedent as a system of law making

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  • Essay length: 770 words
  • Submitted: 10/05/2006
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University Degree English Legal System

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In this essay I will be looking at the questions below which are:

A. Describe the operation of Judicial Precedent.

B. Identify and explain the advantages and disadvantages of precedent as a system of law making

A. Describe the operation of Judicial Precedent.

Answer: The operation of the Doctrine of judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been decided. This system relies on the hierarchy of the courts. Every court is bound to follow any decision made by a court higher in the hierarchy and in general appellate courts are bound to follow their own decisions. At the top of the hierarchy is the European Court of Justice, this court only has jurisdiction over some areas of the law such as European law. One main feature of the European Court of Justice is that it will overrule its own decisions if it feels necessary a decision made by the European Court of Justice is binding over all courts in England and Wales. The next court in the hierarchy is The House

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