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Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to was decided but may refer to it to make a better decision for example in the case of; R V Howe [1987] the house of lords ruled that duress would not be a defence in case of murder[ ratio decidendi] they also made relevant remarks[obiter ] that duress …show more content…
When the majority of judges agree on a particular case it becomes binding to all the courts below it which creates a substantial consistence like the court of appeal which is split into criminal divisions and civil divisions ,in most cases the criminal court is binds the crown court that deals with criminal court, below that we have the magistrate court that deals with family law , it is also part of the queen’s bench, tribunals and all county courts, separately is the European court of justice and European court of human rights that has powers over the supreme court …show more content…
The separation of powers is divided into three government organs thus; executive, judicial and legislature. Mainly in this section we shall examine the legislature and the judiciary .it is the role of parliament to create laws, it is the duty of judges to explain what the parliament meant. They are many reasons why statutes may be interpreted, there may be a lot of ambiguity and vagueness in the context used. Judges mainly carry out the process of interpretation in four ways, by using materials outside the Act [extrinsic], materials inside the Act, legal presumptions and four legal rules [ literal rule, Golden rule, mischief rule and purposive
Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to was decided but may refer to it to make a better decision for example in the case of; R V Howe [1987] the house of lords ruled that duress would not be a defence in case of murder[ ratio decidendi] they also made relevant remarks[obiter ] that duress …show more content…
When the majority of judges agree on a particular case it becomes binding to all the courts below it which creates a substantial consistence like the court of appeal which is split into criminal divisions and civil divisions ,in most cases the criminal court is binds the crown court that deals with criminal court, below that we have the magistrate court that deals with family law , it is also part of the queen’s bench, tribunals and all county courts, separately is the European court of justice and European court of human rights that has powers over the supreme court …show more content…
The separation of powers is divided into three government organs thus; executive, judicial and legislature. Mainly in this section we shall examine the legislature and the judiciary .it is the role of parliament to create laws, it is the duty of judges to explain what the parliament meant. They are many reasons why statutes may be interpreted, there may be a lot of ambiguity and vagueness in the context used. Judges mainly carry out the process of interpretation in four ways, by using materials outside the Act [extrinsic], materials inside the Act, legal presumptions and four legal rules [ literal rule, Golden rule, mischief rule and purposive