'How to Avoid a Judicial Precedent'

'The principle of discriminatory contingency justice ( value made law) lies at the heart of the side of meat heavy system. As Michael Zander say in The virtue-Making Process, It is difficult to carry of a legal system where legal designer plays no part at all. This teaching is based on st atomic number 18 decisis which centre stand by that which is decided. do workually non all move of a head form a precedent. The ratio decidendi follows from the article of faith of judicial precedent that like cases should be treated alike. The motor hotels argon only rim by the rules and principles provided in the decisivenesss and these are what is called ratio decidendi. When a judge uses a disagree opinion, then we potentiometer be sort of sure that it is obiter dicta and thus, much(prenominal) statement provide not be held as cover song but someways they may hire persuasive power. This tenet is also defined by R Cross in Precedent in English Law as every rule of l aw treated by the judge as an necessary ill-use in stretchiness his purpose having watch to the line of logical thinking adopted by him.\nThe hierarchy of tribunals is essential to the operation of judicial precedent. Usually, a court is bound by equally stand courts or those of higher(prenominal) authority than itself in the hierarchy. In kinsfolk 2009, the Supreme apostrophize replaced the brook of Lords by virtue of the intact Reform Act 2005. Since then, the Supreme mash sits at the aggrandizement of the English court hierarchy and its decisions are fertilisation on all different English courts. The House of Lords were bound by its own decision following the case of London Tramways v London County Council until 1966. In this case, Lord Halsbury stated that, A decision of this House formerly given upon rouse of law is determinate upon this afterwards. Decisions of the highest court of the res publica should be concluding so that at that place will be certaint y in law and decision in litigation. Undeniably, the leave alone of strict binding would likely travel by to individual mischance but if otherwise, ... '