Since 1966 the House of Lords has been able to depart from its own previous decisions. When would the Supreme Court (as the House of Lords is known now) be reluctant to do so and why? Give two other examples of courts in a position to depart from their own previous decisions. In what circumstances may they do so? In the extract above it is suggested that the doctrine of precedent creates certainty in the law although at the same time it may restrict proper development of the law. Explain whether or not you consider precedent to be a good system of law making.
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Last edited by Brooke walker; 13-03-2018 at 16:01. Reason: copied the wrong thing simply correcting myself
- 13-03-2018 15:59
- 13-03-2018 22:00
A few pointers:
The European Court of Justice does not recognise precedent so are free to depart.
Social change is often a driver for departure
Have a look at Ghosh 1982 and compare it to Ivey v Genting Casinos 2017.
The choice is yours to argue whether it is a good system or not so pick a side and rationally justify your case