Doctrine of Binding Precedent

g is required in order to operate and expand the doctrine of binding precedent. Law reporting will help to keep a comprehensive and accurate collection of the main decisions of the superior courts which can be quickly accessed to whoever needs them. The Incorporated Council of Law Reporting was set up in 1865 and was controlled by the courts and produces the official law reports which are written by trained barristers. Other law reports include the All England Law Reports and The Times Law Reports and law reports are now available online as well. The court structure helps to control and organize the English Legal System, as without the court hierarchy there will be decline in certainty and control.
             The doctrine of binding precedent is designed to produce consistency in the law. This seems to be a good thing: similar cases should be treated similar way. A court's decision should be similar with previous decisions, so that the members of the community can decide how best to regulate their dealings without breaking the law. The status of a court must be examined to consider whether or not its decisions are binding. The European Court of Justice stands at the apex of the judicial system and the House of Lords comes next. Under S3(1) of the European Communities Act 1972, decisions of the ECJ are binding, in matters of Community law, on all English courts. Until 1966 The House of Lords was also bound by its own previous decisions, except where a previous decision had been made per incuriam (by carelessness or mistake). In 1966 the House of Lords declared that it was no longer bound by its own decisions. It is this declaration that helps to strengthen the idea of precedent in English Law, as before this declaration decisions had to be followed even though they were unfair or outdated. An example of a decision being overturned by the House of Lords is R v R (1991), which determined that rape within a marriage should be a crime. The Co...

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Doctrine of Binding Precedent. (1969, December 31). In MegaEssays.com. Retrieved 20:44, April 18, 2024, from https://www.megaessays.com/viewpaper/23590.html