Wednesday, July 24, 2019
The Doctrine Of Judicial Precedent Essay Example | Topics and Well Written Essays - 1750 words
The Doctrine Of Judicial Precedent - Essay Example Nonetheless, decisions in the divisional courts influence the decisions of judges sitting individually in several cases. Another section involves the Crown Court that remains bound on the judgments delivered by juries sitting in both the House of Lords as well as the Court of Appeal. It is also worth applying judgments by individual judges presiding over cases in the Crown Court to make deliveries by High Court judges. Magistrate and county courts do not precedent authorities and remain bound by decisions in the superior courts. Each case in the courts must have obiter dictum that constitutes a statement made in the process of delivering judgment and the ratio decidendi, which entails the major factor resulting from the decision. The corridors of justice also have other sources carrying persuasive authority and include books among them Bracton thirteenth century, Glanville twelfth century, Blackstone eighteenth century, as well as the Coke seventeenth century. Summarily, it is of con sequence to note that common laws do not need their binding authority using a single act of parliament enactment. However, it requires a series of enactments. The essence is not on the quantity constant changes, but on the process through which the same law develops starting from the ratio decidendi in several cases. Sometimes cutting an exact difference between obiter dicta and ratio decidendi becomes difficult because they flow in a continuous manner. The fact is that the law did not develop in a single law-making exercise.
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