Structure of the Court System

In this question I will be defining what the Binding Precedent is and its main principles that are applied in judicial precedent. I will look at the structure of the court system and whether in this structure the courts are being bound by the decision of others higher courts. I will reflect at how far the binding precedent goes to ensure the existence of both certainty and flexibility in common law. I will talk about the advantages and disadvantages that contribute to the doctrine of binding precedent including examples of previous cases. Finally I will come to a conclusion if I agree overall with Gardiner’s practice statement of 1966. Doctrine of Precedent is a legal term to describe the practice where decisions established in previous …show more content…

Divisional Courts of the High Court are bound by their own decisions and by the decisions of the House of Lords and Court of Appeal. The Queen’s Bench Divisional Court binds the magistrates’ courts but not the Crown Court. The decisions by the judges in the High Court do not bind other High Court judges, they bind county court judges and all the other courts below them in the hierarchy. In practice, the High Court judges usually follow each other, preferring the matter be taken to appeal if the rule laid down is doubtful. If the court is faced with conflicting judgments, they can be subjected to simultaneous approach and the Court of Appeal can dispose of both appeals as it thinks fit. If not, the subsequent judges are bound to follow the second Finally the Magistrate court and the County court are the lowest in the court system. They are less authoritative and their decisions are rarely reported therefore, their decisions do not bind other courts but they are bound to follow the decisions. The rulings of the Court of Justice of the European Communities are binding on all European Courts including the House of Lords as well as the other inferior courts in the UK, but not upon itself. Whereas the decisions of courts in other countries are not binding on the English courts but they are of strong persuasive authority. However, the decisions of the Privy Council are of binding authority in the country from which the appeal came and possibly, even in other .

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Structure of the Court System. (2018, Feb 06). Retrieved from https://graduateway.com/structure-of-the-court-system/