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Judicial Precedent Essay

Judicial Precedent Essay - 781 Words | Cram Judicial Precedent Essay - 781 Words | Cram
Judicial Precedent Essay Judicial Precedent "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law.

Judicial Precedent Essay

Then in 1955 this question was considered in detail by the supreme court in the case of bengal immunity co. Supreme court to be binding on all courts, within the territory of india. He said supreme court is not bound by its own decision and may reverse a previous decision especially on constitutional questions.

State of rajasthan by which the first and the seventeenth constitution amendments were held valid and then again the doctrine of prospective overruling used by overruling golaknaths decision by in keshavananda bharti v. Our mission is to provide an online platform to help students to discuss anything and everything about essay. Nayak, air 1988 sc 1531 ignored the binding value of its own pronouncement.

Some critics argue that, statute law is more important than precedent, they say that, judicial precedents are published in law reports which are in such a large number that it becomes practically difficult to find out a particular case from such a voluminous legal literature and so it is very time consuming, they also contend that, at one time, different courts express conflicting opinions on the same point which renders the validity of precedent doubtful and uncertain and there is always a possibility of erroneous judgment in such a case. Essayoneday provides students with professionally written essays, research papers, term papers, reviews, theses, dissertations and more. According to salmond, the doctrine of precedent has two meanings, namely (1) in a loose sense precedent includes merely reported case-law which may be cited and follows by the court, (2) in its strict sense, precedent means that case-law which not only has a great binding authority.

It also provides useful guidelines for the judges in deciding cases before them. Chaplin, 1968 iaiier 283 and it is finally decided that as the house of lords is the highest court in england, its decisions are absolutely binding on all inferior courts. Precedent helps common people to know about the intricate principles of law.

In true sense precedents enable the judges to re-shape law according to the social need and at the same time the binding authority of the precedent acts as an effective check on the arbitrary discretion of the judges. 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 all courts of co-ordinate or inferior jurisdiction and administrating the same system until it has been overruled by a court of superior jurisdiction or by a statute of superior authority, e. Authoritative precedents are the decisions of superior court of justice which are binding on subordinate courts.

This question gives birth to various new views, that whether supreme court follows the british model of the house of lords of be bound or the u. In england the importance of precedent is much more than in any continental country, that is why it is often said that judicial precedent is an unique feature of common law countries because the great body of the common law or unwritten law is almost entirely the product of decided cases and common law of england has been created by the decision of english judges and precedent is not merely evidence of the law but a source of it and the courts are bound to follow the law that is so established. The authoritative precedent is one which has a binding force and the judge must follow it whether he approves it or not. Air 1954 sc 119, 137 in this case justice s. But i tried it, and it was successful! Let this company write your important paper.


A Judicial Precedent Essay - 487 Words | Bartleby


Through judicial precedent, lower courts are bound by the decisions of higher courts, hence based on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law.

Judicial Precedent Essay

Judicial precedent is source of law - LawTeacher.net
Judicial precedent is source of law Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere, more commonl
Judicial Precedent Essay But despite the aforesaid critical argument, Air 1954 sc 119, 137 in this case justice s. But house of lords is now not bound by its own earlier decisions and so nowadays house of lords is not bound by its own previous decisions. Supreme court to be binding on all courts, within the territory of india. In simple words precedent means judge-made decisions which are used in further cases. Essayoneday provides students with professionally written essays, research papers, term papers, reviews, theses, dissertations and more. Our mission is to provide an online platform to help students to discuss anything and everything about essay. Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great.
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    Authoritative precedents are the decisions of superior court of justice which are binding on subordinate courts. Another objection which is quite often raised against precedent is that development of law through case-law more or less depends upon chance, because there is no test available for determining the validity of law made by precedent. In england the importance of precedent is much more than in any continental country, that is why it is often said that judicial precedent is an unique feature of common law countries because the great body of the common law or unwritten law is almost entirely the product of decided cases and common law of england has been created by the decision of english judges and precedent is not merely evidence of the law but a source of it and the courts are bound to follow the law that is so established. Rather than logic, it is based on convenience in the sense that it is provided in settled law and thus saved the labour of judges. 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 all courts of co-ordinate or inferior jurisdiction and administrating the same system until it has been overruled by a court of superior jurisdiction or by a statute of superior authority, e.

    In this case, the court held that there is nothing in indian constitution which prevents the s. Essayoneday provides students with professionally written essays, research papers, term papers, reviews, theses, dissertations and more. Precedent helps common people to know about the intricate principles of law. Australia, afro-asian countries and india as the merits of the binding effect of the precedent (decision) it must be stated that it gives certainty and uniformity to law and brings about its scientific development and precedents always remain an effective weapon of shaping and developing law according to the needs of the changing society. This question was first discussed by s.

    In the recent years, the value of the doctrine of precedent has become a debatable issue. In india judicial precedent has great value. According to jermy bentham, precedent is a judge-made law while austine calls it as judiciarys law keeton holds precedents as those judicial pronouncements of the court which carry with them certain authority having a binding force. And the supreme court is not obligatory to follow it, so it is clear from forgoing discussion that whether a precedent is authoritative or persuasive, shall depend upon the circumstances and the rank of the court by which it is being issued. In true sense precedents enable the judges to re-shape law according to the social need and at the same time the binding authority of the precedent acts as an effective check on the arbitrary discretion of the judges. The authoritative precedent is one which has a binding force and the judge must follow it whether he approves it or not. A judicial precedent is purely constitutive in nature and never abrogative. According to salmond, the doctrine of precedent has two meanings, namely (1) in a loose sense precedent includes merely reported case-law which may be cited and follows by the court, (2) in its strict sense, precedent means that case-law which not only has a great binding authority. They can only fill in the gaps in the legal system and so we can say that precedent means a case decided previously. Some critics argue that, statute law is more important than precedent, they say that, judicial precedents are published in law reports which are in such a large number that it becomes practically difficult to find out a particular case from such a voluminous legal literature and so it is very time consuming, they also contend that, at one time, different courts express conflicting opinions on the same point which renders the validity of precedent doubtful and uncertain and there is always a possibility of erroneous judgment in such a case.

    Judicial Precedent Definition: Judicial precedent is a decision established in a prior legal case and can be used as a reason by court when deciding subsequent cases with similar issues or facts. Introduction: A fundamental principle of judicial precedent

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    Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great.
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    It prevents error of judgment by individual judges, it prevents partiality on the part of the judges it helps lawyers to take a cautious view of the development of law on the basis of past judicial experience because of above all factors precedents are become achieve important place as one of the important source of law. State of punjab, air 1963 sc 151 clarified that what is binding is ratio decidendi, that is, the principle of law applicable to the legal problems disclosed by the facts of the case before the court, this makes clear that the obiter dicta of the supreme court is not binding for the lower court. To make law more and more useful to common people and one of such now emerging concept is prospective overruling Buy now Judicial Precedent Essay

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    Das made some very good observation pointing out the mind of s. State of maharashtra has held that even the obiter dicta of the supreme court is binding upon the subordinate courts. This adversely affects the growth and development of law in the right direction. And the decision of supreme court is bound to be followed by all courts subordinate to it. In true sense precedents enable the judges to re-shape law according to the social need and at the same time the binding authority of the precedent acts as an effective check on the arbitrary discretion of the judges.

    State of punjab, air 1963 sc 151 clarified that what is binding is ratio decidendi, that is, the principle of law applicable to the legal problems disclosed by the facts of the case before the court, this makes clear that the obiter dicta of the supreme court is not binding for the lower court Judicial Precedent Essay Buy now

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    He said supreme court is not bound by its own decision and may reverse a previous decision especially on constitutional questions. Chaplin, 1968 iaiier 283 and it is finally decided that as the house of lords is the highest court in england, its decisions are absolutely binding on all inferior courts. But there after in various debates question arises that, whether the expression all courts include supreme court also. Thank you! I would surely recommend your services to all my friends. In england the importance of precedent is much more than in any continental country, that is why it is often said that judicial precedent is an unique feature of common law countries because the great body of the common law or unwritten law is almost entirely the product of decided cases and common law of england has been created by the decision of english judges and precedent is not merely evidence of the law but a source of it and the courts are bound to follow the law that is so established Buy Judicial Precedent Essay at a discount

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    It is clear from the wordings of article 141 that the law declared by the supreme court is binding on all courts in india. But in bombay high court in vasudeo v. Australia, afro-asian countries and india as the merits of the binding effect of the precedent (decision) it must be stated that it gives certainty and uniformity to law and brings about its scientific development and precedents always remain an effective weapon of shaping and developing law according to the needs of the changing society. I like the whole concept of the company! T is important to mention that cheap essay writing help has always been something modern students were looking for and were deeply interested in. To make law more and more useful to common people and one of such now emerging concept is prospective overruling Buy Online Judicial Precedent Essay

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    Means a decision of high court shall be authoritative for its subordinate courts whereas it would be only persuasive for high courts of other states. With the change of society, law should always change and create new concepts. This adversely affects the growth and development of law in the right direction. In simple words precedent means judge-made decisions which are used in further cases. It also provides useful guidelines for the judges in deciding cases before them.

    And the decision of supreme court is bound to be followed by all courts subordinate to it. Das made some very good observation pointing out the mind of s. In the recent years, the value of the doctrine of precedent has become a debatable issue Buy Judicial Precedent Essay Online at a discount

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    Precedents can be classified into two categories (1) authoritative and (2) persuasive. Some critics argue that, statute law is more important than precedent, they say that, judicial precedents are published in law reports which are in such a large number that it becomes practically difficult to find out a particular case from such a voluminous legal literature and so it is very time consuming, they also contend that, at one time, different courts express conflicting opinions on the same point which renders the validity of precedent doubtful and uncertain and there is always a possibility of erroneous judgment in such a case. Precedent helps lawyers in their argument without waste of unnecessary time and energy whenever they want to cite any case-law Judicial Precedent Essay For Sale

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    It prevents error of judgment by individual judges, it prevents partiality on the part of the judges it helps lawyers to take a cautious view of the development of law on the basis of past judicial experience because of above all factors precedents are become achieve important place as one of the important source of law. Another objection which is quite often raised against precedent is that development of law through case-law more or less depends upon chance, because there is no test available for determining the validity of law made by precedent. In simple words precedent means judge-made decisions which are used in further cases. I like the whole concept of the company! T is important to mention that cheap essay writing help has always been something modern students were looking for and were deeply interested in For Sale Judicial Precedent Essay

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    State of maharashtra has held that even the obiter dicta of the supreme court is binding upon the subordinate courts. State of rajasthan by which the first and the seventeenth constitution amendments were held valid and then again the doctrine of prospective overruling used by overruling golaknaths decision by in keshavananda bharti v. Likewise, the judgment of foreign courts has only persuasive value for indian courts. It prevents error of judgment by individual judges, it prevents partiality on the part of the judges it helps lawyers to take a cautious view of the development of law on the basis of past judicial experience because of above all factors precedents are become achieve important place as one of the important source of law Sale Judicial Precedent Essay

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