Judicial Precedent Flashcards
Judicial precedent in the UK legal system
Judicial precedent (also known as case law or common law) is a key feature of the English legal system. It refers to the roucniple that courts should follow previous decisions (precedents) when deciding similar cases in the future. This doctrine ensures consistency, predictability and fairness in the law. However there are rules that govern how precedents are applied, particularly through the hierarchy of courts.
The doctrine of judicial precedent
Operates on the principle that courts must follow the legal principles established in previous cases (stare decisis) this ensures that similar cases are treated in the same way, promoting legal certainty and consistency.
(stare decisis)
Operates on the principle that courts must follow the legal principles established in previous cases