What is the meaning of the doctrine of judicial precedent?

What is the meaning of the doctrine of judicial precedent?

Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided.

What is the doctrine of judicial?

The doctrine of judicial review holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government. The State as well as Federal courts are bound to render decisions according to the principles of the Federal Constitution.

What is the doctrine of precedent is also known as?

This principle is known as Stare decisis, which is derived from the Latin phrase �stare decisis et non quieta movere�, which means to stand by the decided matters. In India, it is commonly known as the concept of precedent.

What is doctrine of judicial precedent UK?

The doctrine of precedent is based on the principle of stare decisis, which requires lower courts to take account of and follow the decisions made by the higher courts where the material facts are the same, and states that as a general rule, courts follow earlier decisions of themselves or of other courts of the same …

What is the doctrine of judicial precedent PDF?

The doctrine of precedent In deciding matters of common law, the judiciary look to previous cases to determine what the law is – the doctrine of stare decisis (Latin: to stand by things decided). Landmark cases set a precedent for subsequent determinations and are recorded in the form of law reports.

What is judicial precedent and why is it important?

The doctrine of Judicial Precedent has been likened to the killy loo bird, a rather strange bird which flies forward but looks backward. It is the principle of law on which a judicial decision is based. It is also known as the doctrine of stare decisis which literally means “stay by things decided”.

Why is the doctrine of precedent important?

The doctrine of precedent determines the relative weight to be accorded to the different cases. Also called stare decisis: ‘to stand on what has been decided’. AND to cases interpreting statutes. Each court is bound by decisions of courts higher in the same hierarchy.

Why is judicial precedent a source of law?

In Nigerian legal system, judicial precedent is a decision establishing a principle of law that any other judicial body must or may follow when called upon to decide a case with similar facts and issues. Precedent can be binding or persuasive. Precedent that must be applied or followed is known as BINDING PRECEDENT.

What are judicial precedents Class 11?

Judicial precedent or decisions is a process which is followed by the judges to take the decision. In Judicial precedent, the decision is taken by following the similar cases happened in the past. So judicial decision is based on the principle of stare decisis i.e. “stand by the decision already made”.

Why is judicial precedent important?

The main advantage of using precedent is that it provides certainty in the law. As cases with sufficiently similar material facts are bound by past decisions, it provides an idea of how the case will be decided. Another advantage is that it provides consistent decisions within the law, which also ensures fairness.

What are the advantages of the doctrine of precedent?

The advantage of the doctrine of precedent is that it provides certainty and predictability. The disadvantage, however, is that stare decisis can result in a lack of flexibility and an inability of the common law to adapt to changing moral, socio- economic, and political realities resulting in a static body of law.

What are the key features of the doctrine of precedent?

Some of the rules that make up the doctrine of precedent are:

  • a judge follows the law declared by judges in higher courts in the same jurisdiction in cases with similar facts.
  • a court must give reasons for its decision in a case.
  • most courts are not bound to follow their own earlier decisions although they often do.

How do you use doctrine of precedent?

According to the doctrine of precedent a court is bound by the decisions of a court above it and, usually, by a court of equivalent standing. Superior courts have the power to overrule decisions of lower courts and in certain cases to overrule their own decisions.

Why is the doctrine of judicial precedent important?

What is another name for judicial precedent?

In law, a binding precedent (also known as a mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems.