LAW P1 ELS (practice statement)

Question 1

What is the practice statement?

Answer 1

The practice statement 1966 was a statement made in the house of lords by Lord Gardiner LC on 26 july 1966, stating that they would depart from precedent in the Lords in order to achieve justice.

Question 2

What did the practice statement give to the HOL?

Answer 2

The practice statement 1966 gave the house of lords discretion to depart from its previous decisions in exceptional circumstances, acknowledging the need for the law to evolve and address changing circumstances.

Question 3

What did the practice statement allow the court to adapt for?

Answer 3

The statement allowed the court to adapt the law to changing legal, social, and technological developments, and to correct past errors.

Question 4

What are the advantages of the practice statement?

Answer 4

• Flexibility: the house of lords (now the supreme court) can change past decisions if they’re outdated or unjust, making the law more adaptable
• Correcting past mistakes: allows the court to fix bad or incorrect rulings e.g. R v Shivpuri
• Enables the law to evlolve with modern values
• Avoids the unfairness caused by rigid adherence to precedent
• The judiciary can fix small legal problems without waiting for new legislation

Question 5

What are the disadvantages of the practice statement?

Answer 5

• If past decisions can be changed, lawyers and the public may find the law less predictable
• Weakens the idea that lower courts follow higher court decisions consistently
• Some argue that judges are ‘making the law’ rather than interpreting it, which should be parliaments job
• Its rarley used, courts are often reluctant to depart from precedent, so it’s practial impact can be limited
• Only the supreme court can use it, all other courts are still bound by precedent, which limits its scope