Judicial Precedent - stare decisus
- Created by: vanns
- Created on: 16-04-18 19:30
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- Describe stare decisus using cases to illustrate your answer. (10 marks)
- Stare Decisus is a principle which entails standing by what has been decided.
- Judicial Precedence is based on stare decisus because it provides fairness & certainty in the law.
- Barrister & Solicitor are better able to advise clients.
- The UK laws will be able to be developed in an organised way.
- Stare decisus operates in the English Courts hierarchy that Courts are bound by decisions made by higher courts as well as their own decisions.
- There are 2 exceptions where lower courts are not bound by English Appellate Courts.
- 1) where there is a decision by the ECJ - overrules English Law.
- 2) cases involving human rights - HRA 1998 section 2 says UK courts should not violoate a Convention right.
- There are 2 exceptions where lower courts are not bound by English Appellate Courts.
- Cases
- In the case of Schweppes Ltd. Registrar of Restrictive Trading(1965), the dissenting judge of that case had to follow the ratio decidendi developed from it in a similar case in the evening following the principle of stare decisus.
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