Concept Of Law,Judicial Creativity

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‘’Consider the extent to which judges are able to display creativity in the operation of the system of judicial precedent and statutory interpretation’’ Judicial precedent refers to the situation where decisions of previous cases are followed in similar circumstances. When hearing a case ,judges apply existing law where it is available however judges sometimes need to make new precedents. Stare decisis, meaning stand by the decided means the precedent must be followed, have respect for the precedent. The ratio decidendi ,reason for decision must be taken into account for a precedent to be binding. Persuasive precedents come from obiter dicta, things said by the way, these not needed be followed however are persuasive. The hierarchy of the courts is important as only certain courts can create precedants, the hierarchy is shown below; House of lords Court of appeal Crown court high court Magistrates court county court The house of lords and court of appeal can create binding precedents which must be followed by all the courts below, however the house of lords does not need to follow the decisions of the court of appeal. It is crucial to the doctrine of judicial precedent for law reports to be made in order to store accurate records of decisions made by the courts. Judges are able to display some creativity in the operation of the system of judicial precedent and statutory interpretation due to several methods such as creating the law, and
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