Why should decisions made by courts yesterday be binding on courts when they make decisions today?

This a question about the procedural elements of law, questioning precedent. First, aim to tackle the assumptions within the question and whether you agree with them.
Assumption number 1: That decisions on courts are binding in reality they are not always binding, higher courts can overrule or distinguish precedents. Evidence: 1966 practice statement,
Assumption number 2: That the decisions should be binding --> use this as an opportunity to present your view. Advantages of precedent: predictability in legal systemEvidence: legal positivist argument (Jon Griffiths Disadvantages: flexibility, ensuring rights are protectedEvidence: R v G
Finally, consider what other types of mechanisms are in place to ensure that even if the decisions were binding, rights would also be safeguarded?Statute Law and parliamentary sovereignty

Answered by Law tutor

1823 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

What is "common law"?


Outline criticisms surrounding the current law on murder.


How would you approach a problem question on murder?


What are conduct crimes and result crimes?