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Judicial precedent

Sally Russell provides an overview of the rules and processes influencing judicial precedent

The Practice Statement allows new laws to be created for new situations, such as to combat cyberbullying

This article is relevant to AQA A-level 3.1 (law making) and OCR A-level Unit 2 (law making).

The main rule of judicial precedent is stare decisis, roughly translated as ‘let the decision stand’, or ‘treat like cases alike’. Once a decision is made on a point of law, it is fair to keep to that decision in later cases dealing with the same legal principles. However, as with most rules, there are exceptions to it. A court can distinguish one case from another when the material facts are different, and a higher court can overrule the decision of a lower one. Sometimes a court at the same level can overrule its own earlier decisions — this is rare but one way is when the Supreme Court applies the Practice Statement (Judicial Precedent) of 1966.

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Why do we need controls over delegated legislation?

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Recent reform proposals on non-fatal offences

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