LSWK Week 209:
I N B R I E F: Judicial Precedent
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The doctrine of Judicial Precedent is founded on the principle of ‘stare decisis’, meaning to stand by the decision. Essentially, it refers to the idea that once a court makes a decision, both they and other courts beneath them are bound by that decision, except for in certain, limited circumstances. This means that cases which are alike are treated in the same way, ensuring justice in the system.
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In order for this to work effectively, there must be a clear hierarchy of courts. The courts at the lower end of the hierarchy do not have the power to create or overrule precedent set in previous cases. At the upper end of the hierarchy are the appellate courts: the High Court, the Court of Appeal and then at the very top, the Supreme Court. These courts do have the power to make precedent and in some cases depart from it.
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