Doctrine of Precedent
JUDGE MADE LAW
Judges
‘make’ law
in 2 main ways
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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?
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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
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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