Judicial Precedent Flashcards
What does stare decisis mean
‘Stand by what has been decided’
What two things does the system of stare decisis rely on
- Hierarchy of the courts
- Law reporting
What is the highest court
The supreme court (formerly the House of Lords)
The supreme court:
This is the most senior domestic court in the UK and its decisions bind all the courts below it
Before the Practice Statement 1966 it was bound by its own decisions, but now it does not have to follow its own decisions, although it usually does
What is the 2nd highest court
The court of appeal
The court of appeal:
The decisions of the CoA forms binding precedent for all lower courts.
However, the Court of Appeal is bound by the precedents from the SC
It is generally bound to follow its own decisions apart from a number of limited exceptions found in Young V Bristol Aeoroplane
What is the 3rd highest court
The high court