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Essays on Precedent

The Precedents George Washington Set As President

The Precedents George Washington Set As PresidentGeorge Washington was a visionary whose presidency concentrated on fostering foreign policies that would help strengthen what was at the time the fledgling United States of America. He was born into a financially stable Virginia based planter family in 1782. As the first president of the nation, he set …

Certainty and Flexibility in Judicial Precedent

It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they …

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The Court Hierarchy the Court of Justice

The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i. e. , to stand by the decided. In practice, this means that inferior courts are bound to apply the …

Human Rights Act 1998 and Impact on the Judicial Understanding of Precedent in the Uk

Human Rights Act 1998 has impacted on the judicial understanding of precedent Human rights are inalienable rights in which people are conferred with by birth. The state being the guardian of such rights have an absolute obligation to protect the human rights. Prior to the Human Rights Act 1998, a Uk citizen who had a …

Judicial Precedent or Hierarchy of the Courts

Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example, the Supreme Court decision binds the Court of Appeal, Divisional Courts, High Court and County Court. Ratio decidendi is the principle of …

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