The Doctrine of Precedent Flashcards
1
Q
The Doctrine of Precedent
A
- Stare decisis, advantages, disadvantages
- Ratio decidenti, Obiter dictum
- Vertical & Horizontal stare decisis
- Supreme Court, High Court, Foreign Courts
- When precedent doesn’t apply
2
Q
Stare Decisis
A
- “Let the decision stand”
- The doctrine requires courts to follow previous decisions of courts of equivalent or superior jurisdiction in relevant cases
- Cases with different facts or legal issues can be distinguished
- Mandates systematic and accurate reporting of cases for superior courts
3
Q
Advantages of stare decisis
A
-
Certainty and consistency in the law
- Predictable outcomes
- Easier to give legal advice
- Promotes judicial restraint
- Prevents judicial activism
- Limits the risk of judges making or amending the law
4
Q
Disadvantages of stare decisis
A
- Renders the law inflexible - hinders development
- May produce unfair outcomes in individual cases
5
Q
Ratio Decidenti
A
- a.k.a ratio - “the reason for deciding”
- Any rule of law which the judge making the decision considered a necessary step in reaching his conclusion (Costello J in Shannon Regional Fisheries Board)
- “The material facts of the case plus the decision thereon” (Williams)
- Ratio in previous case must be followed
- All reasons (Rationes) for decision are equally binding
- Finding the ratio even harder with multiple judgments - look for a common denominator
6
Q
Obiter Dictum
A
- Obiter - “a statement by the way, a chance remark”
- Not binding but may be persuasive (e.g. Norris v. Attorney General [1984])
- McCarthy J’s comments on constitutionality of the legislation banning abortion were obiter
- Could be a passing remark or a well-reasoned dicta linked but not entirely relevant to the case
- A ratio in previous case can’t be classified as obiter just because a judge doesn’t want to follow it
7
Q
Vertical Stare Decisis
A
- Courts are bound by the ratio in previous decisions of the superior courts
- Lower courts’ decisions can be persuasive but are not binding
8
Q
Horizontal Stare Decisis
A
- Courts generally follow their own previous decisions but it’s not a hard and fast rule
- Exceptions for clearly erroneous or manifestly wrong decisions
- Allows correction of past bad decisions
9
Q
Supreme Court - Horizontal Stare Decisis
A
- The State (Quinn) v. Ryan - stare decisis is a policy, not a binding rule
- AG v. Ryan’s Car Hire - overturn previous judgments only if clearly wrong
- DPP v. JC - recent (2017) decision applying this principle and overturning the decision in Kenny
- Pre-1961 Supreme Court decisions - same principle (Mogul v. Tipperary County Council)
- Pre-1922 decisions of the House of Lords, not binding but same principle
10
Q
High Court - Horizontal Stare Decisis
A
- Same principle as SC - extremely rare, when manifestly wrong
- HC decision can be disregarded if overruled by SC or CA
- Must be specifically overruled - hints not sufficient
- E.g. Campbell v. Ward - HC followed SC judgment even though SC hinted the decision may have been wrong
11
Q
Foreign Courts & Stare Decisis
A
- Decisions of Court of Justice of the EU about EU law are binding
- Decisions of other foreign and international courts persuasive only
- “Judicial notice” must be taken of the ECHR and decisions of ECtHR
12
Q
Circumstances where precedent doesn’t apply
A
- Decision or statement made per incuriam - in ignorance of relevant law or based on a clearly mistaken interpretation of law
- E.g. Brown v. Donegal County Council overturning Smyth
- Applicable to decisions of equal or inferior courts only
- Abrogated ratio - overruled by legislation or later case
- Decision based on a legal point that was conceded
- Decision sub silentio - decision on a point that wasn’t argued or considered
- Case confined to its own facts - unique facts or no ratio
