The Doctrine of Precedent (SA P2)

Question 1

What does Stare Decisis mean?

Answer 1

To stand by what has previously been decided

Question 2

What does Ratio Decidendi mean?

Answer 2

The reason for deciding, must be followed by judges in future cases

Question 3

What does Obiter Dicta mean?

Answer 3

‘Other things said’ by the judge, not binding

Question 4

Court hierarchy

Answer 4

Every court bound to follow any decision made by a court above it in the hierachy

Question 5

Precedent and Acts of parliament

Answer 5

• Statute law highest source of law (made by democratically elected parliament)
• Precedent is subordinate to statute law

Question 6

The Human Rights Act 1998

Answer 6

• Gives all courts freedom to ignore precedent from higher courts if it contravenes the European Convention on Human Rights
• e.g case of Re Medicaments (No.2), Director of Fair Trading V Propriety Association of Great Britain 2001