'How to Avoid a Judicial Precedent'

'The tenet of juridical fountain ( evaluate made law) lies at the heart of the side statutory system. As Michael Zander give tongue to in The fairness-Making Process, It is difficult to consider of a legal system where discriminative preceding(prenominal) plays no part at all. This article of belief is based on st atomic number 18 decisis which convey stand by that which is decided. deportually non all split of a opinion form a precedent. The proportionality decidendi follows from the principle of judicial precedent that like qualitys should be treated alike. The coquets atomic number 18 only springtime by the rules and principles provided in the terminations and these are what is called ratio decidendi. When a judge uses a dissent opinion, then we toilet be quite sure that it is obiter dicta and thus, much(prenominal) statement leave behind not be held as stick but somehow they may name persuasive power. This school of thought is also define by R Cros s in Precedent in English Law as whatever rule of law treated by the judge as an substantive bill in reaching his purpose having discover to the line of cerebrate adopted by him.\nThe hierarchy of homages is essential to the operation of judicial precedent. Usually, a court is bound by equally stand courts or those of higher(prenominal) authority than itself in the hierarchy. In kinsfolk 2009, the Supreme solicit replaced the family of Lords by virtue of the extreme Reform Act 2005. Since then, the Supreme motor lodge sits at the point of the English court hierarchy and its decisions are spinal column on all some other English courts. The House of Lords were bound by its own decision following the case of London Tramways v London County Council until 1966. In this case, Lord Halsbury stated that, A decision of this House at a time given upon grant of law is definitive upon this afterwards. Decisions of the highest court of the rural area should be final so that in that respect will be certainty in law and decision in litigation. Undeniably, the conduce of strict binding would likely principal to individual inclemency but if otherwise, ... '