judicial creativity essay plan


Judicial creativity

Intro- common law is created through the doctrine of precedent. There are many feature of judicial precedent which enable the system to work effectively. Some allow judges to show creativity and develop common law, however some restrict this.

Features that limit creativity

-         Stare decisis- the principle means that judges must follow what went before

-         Ratio decidendi- the RD is the binding precedent meaning that once it has been created it must be followed in all future cases. E.g. R v Brown

-         Hierarchy of courts- lower courts are bound by the decisions of courts above them meaning that they have to follow decisions made in higher courts. The supreme court and court of appeal


Features that aid creativity

-         Obiter dicta-judges choose whether or not they follow the persuasive precedent, if they do follow the persuasive precedent it then becomes the RD and therefore creates a new common law. e.g. R v Wilson and R v Brown

-         Original precedents- if a judge has to make a decision an area where no previous laws then that judge is creating a new law.

-         Overruling- higher courts can always overrule earlier precedents set in lower courts.

-         Overruling + practice statement- the practice statement was issued in 1966 to allow the SC to avoid their own decisions where it appears right to do so.  E.g. in R v G and Another it was decided that recklessness should always be subjective which overruled the decision made in r v Caldwell.

-         Overruling in the COA- the


Smith E


This would suit someone who is nearing the end of the revision process, owing to the use of shorthand. Reference to specific judicial opinion (e.g. Lord Reid and Diplock) is an important and impressive element. 



If you have some writing questions visit https://www.retiredbrains.com/become-a-tutor.html. You will get what you need.


Thank you all for the tips! It's cool when people share their findings. By the way, I need to pass my English literature essay soon and I would like to seek help from professionals, who can recommend good companies for this?



There are so many different services that help students with homework, as for essays, you can read the information provided in this article https://www.yahoo.com/lifestyle/best-essay-writing-services-reddit-043009076.html and I am sure that you will definitely find someone to cooperate with. Users here tell about their experience with different companies that help students to write essays, I recommend you to read it.