Alex omidvar
Unit 2 – P1 – Explain the application of judicial precedent in the courts – Final
Introduction
In this assignment I’m going to illustrate the judicial precedent which means that every court has to
follow the precedent decisions of the court above them in the hierarchy in cases that have similar
characteristics. Furthermore, the common law has developed the judicial precedent through broadening
down from precedent to precedent; this is also known as stare decisis which refers to the judicial
precedent which is also binding therefore it must be followed by other courts.
Judicial precedent:
Development of the system (What is stare decisis?)
Stare decisis is the principle by which judges have to follow the precedents. For instance is the
supreme court has made a new law, all the other courts below it have to follow them therefore the
county court, high court, crown court and Magistrates are all bound to follow the supreme court of
justice and the supreme court has to follow the European Court of Justice in terms of the changing
of the law.
Which courts bind others? Use a diagram if you want
The decisions made by the Supreme Court have to be
followed by all other Courts and the Court of Appeal
has to follow the Supreme Court and their own
decisions. The hierarchy indicates that the decision
made by the Court of Appeal must be followed by the
courts below them. For instance the Crown Court must
implement the laws that are made by the Court of
Appeal.
Binding authorities: Binding authorities means that the inferior courts are bound to implement
the laws that are set down by superior courts in the earlier cases and as a result it gives the
system consistency as well as predictability in the law.
Binding precedent: Judiciary precedent is based on stare decisis which essentially mean standing by
of previous decisions therefore if any law has been used in a particular case in order to convict a
defendant or defend him/her against something then that law must be applied in other cases if they
have major similarities.
1
Unit 2 – P1 – Explain the application of judicial precedent in the courts – Final
Introduction
In this assignment I’m going to illustrate the judicial precedent which means that every court has to
follow the precedent decisions of the court above them in the hierarchy in cases that have similar
characteristics. Furthermore, the common law has developed the judicial precedent through broadening
down from precedent to precedent; this is also known as stare decisis which refers to the judicial
precedent which is also binding therefore it must be followed by other courts.
Judicial precedent:
Development of the system (What is stare decisis?)
Stare decisis is the principle by which judges have to follow the precedents. For instance is the
supreme court has made a new law, all the other courts below it have to follow them therefore the
county court, high court, crown court and Magistrates are all bound to follow the supreme court of
justice and the supreme court has to follow the European Court of Justice in terms of the changing
of the law.
Which courts bind others? Use a diagram if you want
The decisions made by the Supreme Court have to be
followed by all other Courts and the Court of Appeal
has to follow the Supreme Court and their own
decisions. The hierarchy indicates that the decision
made by the Court of Appeal must be followed by the
courts below them. For instance the Crown Court must
implement the laws that are made by the Court of
Appeal.
Binding authorities: Binding authorities means that the inferior courts are bound to implement
the laws that are set down by superior courts in the earlier cases and as a result it gives the
system consistency as well as predictability in the law.
Binding precedent: Judiciary precedent is based on stare decisis which essentially mean standing by
of previous decisions therefore if any law has been used in a particular case in order to convict a
defendant or defend him/her against something then that law must be applied in other cases if they
have major similarities.
1
