The Dual Function of Judicial Precedent

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The purpose of this essay is to put forward the stance of judicial precedent as having a dual function of predictability in the law while allowing law to continually adapt and develop for the enabling of an effective and efficient English common law system. In doing so, it will seek to refer to the hierarchy of the courts; its inherent jurisdictions and its exercise of such powers. The English system of judicial precedent is established on the Latin maxim: “Stare Decisis et Non Queita Movere”, which means stand by what has been decided and do not unsettle the established. The doctrine of judicial precedent, which is the heart of the English common law system, speaks in respect to hierarchical structure of the English courts. This states that when a precedent is set by a court of equal or higher status to the court deciding the new case, then the judge in the present case should follow the rule of law established in the earlier case. As was stated before, cases are judged based upon similar issues which make the outcome predictable therefore demonstrating certainty within the doctrine. When there is a binding precedent, persons can order their affairs with a certain level of confidence. It also brings about efficiency within law as judicial precedent saves the time of everyone involved in the court cases. Persons coming to the courts also save monies in relation to court expenses. Certainty which is the direct result from binding precedents, safe guards against partiality from the judges. Decisions of the highest courts are binding on lower courts and at time itself. The European Court of Justice passed an Act called the European Communities Act 1972, under s3(1) which states that decisions of the ECJ are binding, in matters of Community law, on all courts up to and including the House of Lords. The House of Lords, replaced by the Supreme Court, is the
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