Doctrine of Precedent
JUDGE MADE LAW
Judges
‘make’ law
in 2 main ways

What does this cartoon mean?
DO NOW
Statutory
interpretation
Judges
interpret
legislation made by
Parliament – they
explain the meaning of
words
Words have different meanings in
different contexts
 Judges have to follow specific rules when
interpreting legislation
 These rules are set out in Interpretation
Acts

New
situations
What
happens if
Parliament doesn’t
like the laws that
Judges make?

What does this cartoon mean?
DO NOW
 What
two things does the
doctrine of precedent
rely on in order to work
effectively?
Doctrine of precedent the rules of
precedent – how it is made and applied by
Judges
 Law Reports a permanent record of the
important judgments

SOME DEFINITIONS
Ratio decidendi the Judge’s reasons for
the decision (found in the judgment)
 Stare decisis Latin for ‘the decision
stands’ – a rule that lowers courts must
follow the decision of the higher courts in
the same hierarchy in similar cases

Obiter dictum comments made by
Judges that are not part of the reasons for
the decision. They may be persuasive in
later cases.
 Binding precedent a precedent (legal
principle) that must be followed by lower
courts in similar cases


Persuasive precedent A precedent
(legal principle) that does not have to be
followed

What does this cartoon mean?
DO NOW

What does this cartoon mean?
DO NOW

What does this cartoon mean?
DO NOW

What does this cartoon mean?
DO NOW

What does this cartoon mean?
DO NOW

What does this cartoon mean?
DO NOW