StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The English Precedent Doctrine Law - Essay Example

Cite this document
Summary
The paper "The English Precedent Doctrine Law" suggests that the English precedent doctrine law refers to rules of its application. In general, they come to that decision of the Court of Appeal, and they are the Supreme Court that is obligatory for lower courts and the Court of Appeal for themselves…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.1% of users find it useful
The English Precedent Doctrine Law
Read Text Preview

Extract of sample "The English Precedent Doctrine Law"

The particular importance of the House of Lords, as the highest court, is determined that its precedents are obligatory for all courts, without exception. The Judicial Committee of the Privy Council is the supreme and final authority for vessels of all parts of the United Kingdom. The Committee consists of the Lord Chancellor, Lords of Appeal in ordinary, and a certain number of ‘secret advisers’ appointed by the crown. There are three independent higher courts in England. The Court of Appeal, High Court and Crown Court existed since 1971. Their structure and jurisdiction are governed by the new law (1981) of the Supreme Court. The Court of Appeal in 1966 is divided into two departments: civil and criminal.

Chief Justice is the Lord Chancellor. The High Court consists of the Lord Chancellor, Lord - Chief Judge, chairman of the Family Division, Vice-Chancellor and the ordinary judges of that court, including no more than 80 people. Establishing a higher peak is made by the crown ‘Order in Council’ approved by Parliament. The Lower courts are presented by the County Courts and Magistrates Courts. According to Posner (1996), currently, 90% of all civil actions are examined in the County Courts.

Their jurisdiction is competing with the High Court and is limited by the price action. Magistrates Courts like the County Courts are the local courts. Fowler and Jeon (2007) stated that there are approximately 1000 magistrates in England and Wales, which are served by 25 thousand magistrates who are not lawyers and do not get paid. In spite of such a complex system of courts, there are advantages and disadvantages of the Judicial Precedent. The advantages are 1. Certainty - it refers to certainty in the law;2.

Fairness – judges examine analogous cases in an analogous way;3. Time-Saving – if there is a preparing decision the Court time is saved;4. Law Development - it permits the law to expand. The disadvantages are:1. Rigidity - the majority of cases create a too rigid a system to expand the law;2. Injustice - the rigorous laws can develop injustice in particular cases;3. Confusion – the majority of cases are declared annually, the situation of hard finding the appropriate precedent is created;4. Complexity - the law can be very complex with thousands of differences.

Summarizing, we can distinguish the following trends occurring in the English legal system of changes: the rule of parliament remains formally endowed with new contents, the principle of ‘strict precedent’ is staggered. The House of Lords, as the highest court, departed from it, the Appeal Court seeks to depart, there is a new ‘targeted’ approach to the interpretation of laws, the scope of precedent has shifted toward the interpretation of legislation. Case law and statutory law are so intertwined that quantitative growth of laws in the second half of the XX century led only to increased case law, which literally absorbs the laws.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Distinguishing , overruling , reversing. // Advantages and Essay”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1576983-distinguishing-overruling-reversing-advantages-and-disadvantages-of-court-hierarchy-how-courts-bind-each-other
(Distinguishing , Overruling , Reversing. // Advantages and Essay)
https://studentshare.org/miscellaneous/1576983-distinguishing-overruling-reversing-advantages-and-disadvantages-of-court-hierarchy-how-courts-bind-each-other.
“Distinguishing , Overruling , Reversing. // Advantages and Essay”, n.d. https://studentshare.org/miscellaneous/1576983-distinguishing-overruling-reversing-advantages-and-disadvantages-of-court-hierarchy-how-courts-bind-each-other.
  • Cited: 0 times

CHECK THESE SAMPLES OF The English Precedent Doctrine Law

What the Doctrine of Judicial Precedent Depends on

The hierarchy of the court system in the English context offers a better comprehension of precedent doctrine.... These hierarchical systems ought to be considered in making decisions that involve the precedent doctrine.... The doctrine implies that judges with the english legal arrangement offer judgment in relation to certain rules presented by previous cases.... Name Professor Course Date 'The doctrine of judicial precedent depends on the hierarchy of the courts, the written records of cases and the approach of the judges' Introduction Doctrine of Precedent takes into contemplation the significance of case law within the judicial system....
8 Pages (2000 words) Essay

The Doctrine of Precedent in English Law

This essay "The Doctrine of Precedent in English law" focuses on the doctrine of precedent in English law that encompasses two closely connected ideas.... As such, the common law method is founded on the doctrine of precedent, which constitutes the conceptual medium for bringing about the merger of law and justice.... As such, precedent is the intersection between law and justice.... Although it seems that the doctrine of precedent could hinder change and development in the law, this is only partially true....
8 Pages (2000 words) Essay

The Structural Hierarchy and the Doctrine of Precedent in England and Wales

The structuring of the english law that is binding to both Wales and England provides a proper layout of the different courts within the land and their main roles.... These courts are tasked with different roles and constitutional functions within the english jurisdiction.... ithin the english law and precedent, processing of the applicability and quality of a precedential ruling enables the courts to only apply liable legal rulings that bear similarities to their cases....
6 Pages (1500 words) Essay

Doctrine of Precedent

This paper "Doctrine of Precedent" discusses the doctrine of precedent's role in the english legal system as very important since common law is a vital basis of law in the english legal system.... the english legal system is based on the common law and the precedents.... Applying "precedents" which is past solutions is an ordinary method, in business as well as in all common law legal arrangements.... The substance of precedent is known as "common law" and it bonds future determinations....
9 Pages (2250 words) Case Study

The Doctrine of Precedent

he doctrine of precedent is also called as stare decisis, situated at the heart of the english lawful arrangement.... This doctrine also refers to the information surrounded by the hierarchical construction of the english magistrates.... If the precedent is placed by a court of equivalent or superior rank makes a new decision, and then the adjudicator in the current case should pursue or follow the rule of law founded in the previous case attended in the court....
10 Pages (2500 words) Essay

Advantages and Disadvantages of the Doctrine of Precedent

It has been contended by Duxbury that flexibility and stability are both necessary for the common law system (Waddams, 2009, p.... The common law legal system is based on precedent, which makes it possible to bring about the amalgamation of law and justice.... As such, precedent is the intersection of law and justice.... The common law rests on a strong rebuttable presumption that earlier decisions are to be followed (Waddams, 2009, p....
6 Pages (1500 words) Essay

The Doctrine of Judicial Precedent

he hierarchy of the court system in the English context offers a better comprehension of precedent doctrine.... These hierarchical systems ought to be considered in making decisions that involve the precedent doctrine.... A decision made at some point in law is considered applicable to cases that bear similar facts.... For the doctrine to function in an effective manner, it is necessitated that point of law within certain cases is established....
8 Pages (2000 words) Essay

Judicial Precedent

n essence, the concept of stare decisis remains the heart of the english legal system.... The main concern of this type of law used in the UK is to ensure predictability and consistency of law in handling various cases that have been dealt with before.... To enhance adequately realize flexibility and certainty the use of precedence law the British judicial system is encouraged to accurately distinguish case on the basis of evidence provided as well as judges to exercise full power in revising and overruling cases in favor of justice....
9 Pages (2250 words) Report
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us