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Delegated Legislation

The Doctrine of Judicial Precedent
The Doctrine of Judicial precedent is based on a principle of `stare decisis' to let the decision stand.
Under this doctrine, decisions of the higher courts bind the lower courts. For this doctrine to operate
successfully three things are necessary; ratio decidendi, a…

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Delegated Legislation

Advantages of Precedent
With courts following past decisions people know what the law is and how it is likely to be applies in
their case; it allows lawyers to advise their clients on the likely outcome of their case. It also allows
people to operate their businesses knowing…

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Delegated Legislation

Avoiding Precedent
Courts may distinguish the present case from that in which the precedent was set, if a judge decides
that the facts are sufficiently different then precedent need not be followed. The court of appeal used
this method in Boardman v Sanderson (1964) where it departed from…

Page 4

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Delegated Legislation

Advantages of AVOIDING Precedent
One advantage of being able to avoid precedent is that judges can develop the law. This prevents
Parliament from having to legislate and means changes can occur naturally when suitable cases come
before the courts rather than months or years later when Parliament considers…


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