Under common law system,a precedent is a judgement of a court of law cited as an authority for deciding a similar set of facts a case which serves as authority for the legal principle embodied in its decision. The doctrine of judicial precedent is based on the principle of stare decisis which means 'to stand by what has been decided' it is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the. An introduction to south african law or judicial precedent, even in the somewhat watered that the modern doctrine of precedent could develop 11. 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. Advantages of doctrine of judicial precedent: a makes it more clearly in terms of chances of winning case should you bring it to court b flexible as the law can be.
The doctrine of judicial precedent or stare decisis requires that the principle of law on which a court bases its decision in relation to the material factors, or issues, before it must be followed by courts, lower in hierarchy and. Judicial precedent or binding precedence or doctrine of stare decisis a precedent is defined as a judgment or decision of a court of law cited as an authority for the legal principle embodied in its decision. Precedent defined and explained with examples a legal decision made by a court of authority, which serves as an authoritative rule in future, similar cases. The doctrine of judicial precedent is based on stare decisis that is the standing by of previous decisions once a point of law has been decided in a particular case.
The doctrine of judicial precedent means that judges can refer back to previous decisions to help decide similar cases where the law and facts are alike this doctrine is concerned with the influence and value of past decisions of case law and the judge's prior legal experience for the doctrine of. Vce legal studies - doctrine of precedent - duration: 4:02 engage wiki 5,084 views unit 3 aos 3 - the operation of the doctrine of precedent - duration: 7:46 tim macdonald 19,643 views. The doctrine of judicial precedent is at the heart of the common law system of rights and duties the courts are bound (within prescribed limits) by prior decisions of superior courts.
Judicial precedent is a decision by a competent court of justice upon a disputed point of view which becomes, not merely a guide but an authority to be followed by. The doctrine of judicial precedent has been likened to the killy loo bird, a rather strange bird which flies forward but looks backward it is the principle of law on which a judicial decision is based. Judge-made law to be found in the case law is governed by the doctrine of judicial precedent the rule on which a case is decided is called the ratio decidendi and other statements of law not affecting the outcome of a case are termed obiter dicta. Doctrine of judical precedent in india written by j s rajawat - free download as pdf file (pdf), text file (txt) or read online for free judicial decisions and its effect in providing justice search search.
The latin term stare decisis is the doctrine of legal precedent  the precedent on an issue is the collective body of judicially announced principles that a court should consider when interpreting the law. Advantages and disadvantages of judicial precedent some of the questions in your exams will ask for you to explain the advantages and/or disadvantages of certain areas of law in our legal system the first area we are going to cover is the good or bad/the pros or cons/the positives or negatives of judicial precedent. The doctrine of precedent, or stare decisis, lies at the heart of the english legal system the doctrine refers to the fact that within the hierarchical structure of the english courts, a decision of a higher court will be binding on a court lower that it in that hierarchy in general terms this. The definition of the doctrine of judicial precedent judicial precedent is a process through which the judges follow previously decided cases where the facts or point of law are sufficiently similar it also means that like cases are treated alike. The doctrine of precedent works effectively for the most part because it provides stability and consistency in the legal system parties involved in trials and hearings can understand that decisions made are based on precedent, rather than personal views or arbitrary judgement.
The judicial precedent's doctrine is based on the principle called stare decisis - to stand upon decisions and by which precedents are commanding and compulsory and must be practiced this means that lower courts are bound to apply the legal principles set by superior courts in earlier cases. Sources of law in republic of mauritius this new decisions then becomes the precedent to which all future cases are bound the legal system of mauritius. The law of judicial precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century it is the product of 13 distinguished coauthors.
Introduction the doctrine of judicial precedent is based upon the principle of stare decisis, which means the standing by of previous decisions this means that when a particular point of law is decided in a case, all future cases containing the same facts and circumstances will be bound by that decision as signified in donoghue v stevenson and grant v australian knitting mills. Judicial precedent and prevention of contradictory judgments: the doctrine of judicial precedent or stare decisis means that in cases where material facts are.
Overruling statutory precedents by departing from precedent' resort for changing obsolete constitutional doctrine statutory precedents, on. The nature and authority of precedent [neil duxbury] on amazoncom free shipping on qualifying offers neil duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. Judicial precedent also called case law 'it is the system adopted by judges where the judges follow previous decisions'1it simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. The relationship between different sources of law in the mauritian legal system a given time and at a given place mauritius has been in the possession of france.