Doctrine of Precedent
Doctrine of Precedent. JUDGE MADE LAW Judges ‘make’ law in 2 main ways.
Dec 18, 2015
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Doctrine of Precedent
JUDGE MADE LAW
Judges ‘make’ law in 2 main ways
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What does this cartoon mean?
Statutory interpretation
Judges interpret legislation made by Parliament – they explain the meaning of words
Words have different meanings in different contexts
Judges have to follow specific rules when interpreting legislation
These rules are set out in Interpretation Acts
New situations
What happens if Parliament doesn’t like the laws that Judges make?
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What two things does the doctrine of precedent rely on in order to work effectively?
SOME DEFINITIONS
Doctrine of precedent the rules of precedent – how it is made and applied by Judges
Law Reports a permanent record of the important judgments
Ratio decidendi the Judge’s reasons for the decision (found in the judgment)
Stare decisis Latin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases
Obiter dictum comments made by Judges that are not part of the reasons for the decision. They may be persuasive in later cases.
Binding precedent a precedent (legal principle) that must be followed by lower courts in similar cases
Persuasive precedent A precedent (legal principle) that does not have to be followed
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