Лекция: JUDICIAL PRECEDENT

Judicial precedent, or case law as it is often called, is the source of a large part of common law and equity. The law is «judge-made,» in that when a judge makes a decision in a court case on a particular aspect of law, other judges may be bound to follow this decision in subsequent cases. Once the law has been established, the example or the precedent is binding on other judges, who must make a similar decision in cases concerning this aspect of law.

The doctrine of judicial precedent became firmly established by the late nineteenth century, although a system of precedent existed for hundreds of years before that. It was not until a reliable system of law reporting was started in 1866, and the administration of the courts was re-organised by the Judicature Acts 1873-75, that judicial precedent became an established source of law.

STARE DECISIS (THE STANDING OF DECISIONS)

Not all decisions of judges create a precedent. Some courts are more important than others. The higher the court which creates a precedent, the greater the authority the decision will have. A general rule is that lower courts are bound by decisions of higher courts, and some courts are bound by their own previous decisions. The hierarchy or standing of the courts is as follows: