HOW THE SUPREME COURT AVOIDS BINDING ITSELF USING THE PS

Question 1

INTRO
before 1898…

Answer 1

• HoL was not bound by itself
• In the London Street Tramsway v London CC, it was decided the HoL would be bound by past decisions to ensure certainty

Question 2

INTRO
however…

Answer 2

• law needed develop and the HoL was unable to keep up as it was bound by past decisions (1898-1966)
• the law could only change if Parliament passed a new act

Question 3

INTRO
the PS…

Answer 3

was therefore introduced to give the HoL only the powers to change its decisions once again
- HoL can depart from their previous decisions ‘where it appears necessary to do so’
- introduced in 1966 by Lord Gardiner