Turn on thread page Beta
    • Thread Starter

    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.

    - I just dont know what I'm doing! thank you! : )

    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
Should predicted grades be removed from the uni application process

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.