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.
    • 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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