Judicial Precedence Essay

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Judicial Precedence in Singapore When there is no precedent in an area of law under discussion in a case, judges may by a process of analogy extend the law or create new law to meet the justice of the case. This is how the common law proceeds. Binding Precedent Vertical Stare Decisis: A judge is constrained to follow a decision of the courts above him in the judicial hierarchy if the case before him cannot be distinguished from the prior case. Horizontal Stare Decisis: A judge being constrained to follow decisions of courts on the same level Rules of stare decisis are irrelevant where a precedent can be distinguished Only ratio decidendi is actually binding The rules of stare decisis are irrelevant where a judge agrees with a precedent. He may choose to follow any precedent he wishes. Singaporean Stare Decisis: Subordinate Courts-> High Court -> Court of Appeal Through the Practice Statement on Judicial Precedent of 1994, the Court of Appeal is not bound by previous decisions of its own or of the Privy Council. However this power is used jealously for the sake of continuity and coherence. There must be some other factor present to justify overruling a precedent other than preference or injustice. There must be a material change in circumstances before the change is invoked. Giving life to the intention of Parliament is the most important function. Predecessor Courts which are binding Privy Council pronouncing appeals from the Straits Settlements or for Singapore Court of Appeal Federal Court of Malaysia while Singapore was part of Malaysia Federal Court when hearing appeals from Singapore after independence However should we be bound by predecessor courts? The purpose of stare decisis is for the higher court to
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