Hey would really appreciate any help, got a 750 word legal methods essay on this:
“The value of thedoctrine of precedent to the common law… is not simply that it ensures respectfor past decisions but also that it ensures that bad decisions do not have tobe repeated.” N Duxbury, The Nature andAuthority of Precedent (Cambridge, Cambridge University Press, 2008. Drawing on examples from the cases that we havestudied, consider to what extent the power to depart from previous decisions isan integral part of the doctrine of precedent.I really don't know why this has got me so baffled, currently I've spoken about precedent generally but Im not sure about the last part on departing from decisions?
Thanks in advance xox
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precedent question watch
- Thread Starter
- 13-12-2015 20:59
- 14-12-2015 00:55
Think of when lower court judges distinguish cases, ie they say the facts are slightly different so the precedent won't apply.