Hierarchy Of Precedent Flashcards
What year did the House of Lords say it would be bound by itself
1898
What is binding precedent
Courts are bound by the decisions made in the courts above them
Even if the court believes the decision of the higher court is wrong the court must
Follow it
Which court is at the top of the hierarchy
European court of justice
Who does it bind
All courts below as had supremacy over national law
What law must the ECJ cover to bind lower courts
EU matters
Which acted stated that the ECJ has supremacy
R v factortame
Which cases stated the ECJ is not bound by its past decision
Da Costa.
What does the fact the ECJ is not bound by its past decision allow
Flexibility but less certainty
Who is at the top of the English hierarchy
Supreme Court
Who is it bound by
ECJ
It is bound by itself which case
London street tramways v London cc
What is the only exception to where the Supreme Court do not need to follow their past decision
Per incuriam
What else allows the sc to depart from its past decision
Practice rules
Which case confirmed that the SC have the practice rules
Austin v lb of Southwark
Who originally had the practice statement and what year
House of Lords1966
What does the practice statement allow the HL to do
Depart from their previous decision when they felt it was right to do so
Why is the practice statement dangerous
It acts retrospectively whereas judicial ruling acts prospectively
When was the practice statement first used
To reflect social change when addie v dumberck was overruled by Herrington v British rail boards which was about duty of care
Which cases used the practice statement to reflect economic change
Miliangos v George frank textiles who overruled Havana. Which allowed damages to be paid in any currency due to the instability of the currency markets
When was the practice statement first used in criminal law
R v shivpuri who Anderton v Ryan on law involving attempts
