The nature of precedent can be described by putting the words of lord denning in london tramways case: rule of precedent is not a rule of law at all, but a practice laid down by the court for its own guidance and this practice can be amended or altered. Reveals that reliance on precedent is one of the distinctive features of the ameri-can judicial system this article investigates the manner in which precedent operates to influ-ence the decisions of judges2 the article explores the values that are served by t professor of law, rutgers (camden.
The nature and authority of precedent download the nature and authority of precedent or read online books in pdf, epub, tuebl, and mobi format click download or read online button to get the nature and authority of precedent book now. If you finish reading the nature and authority of precedent with more questions and uncertainties than you previously had about its subject matter, duxbury has been successful for, as he argues, “no one theory can offer a plausible comprehensive or systematic explanation of why precedents constrain” (ppix-x. The nature of precedent everything in the world repeats, and it is not an exception for law, providing that ‘some degree of certainty’ of law is essential - the nature of precedent introduction in english legal system the doctrine, which brings together the past and the present is the doctrine of judicial precedent, which predominant value is irrefutable.
Precedent of authority and nature the 12 also politics struggle at 7ð20 cracoviense juridicum o precedent domain weaker precedente point a would although litigation33 follow never jurisdictions civil-law courts that think to 7 (1974) systemsõ law statutein precedent of function the and concept ôthe 793ð4 771ð97 emis qu« au edent th. The nature and authority of precedent download book the nature and authority of precedent in pdf format you can read online the nature and authority of precedent here in pdf, epub, mobi or docx formats.
The nature of precedent 1765 words apr 1st, 2011 8 pages everything in the world repeats, and it is not an exception for law, providing that ‘some degree of certainty’ of law is essential. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
But in legal systems that prize precedent, overruling a precedent that cannot be distinguished from the instant case is an exercise in respect for precedent, for the overruling must not be willy-nilly: it must be explained and justified.
Neil duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints there is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. The nature and authority of precedent - ebook download as text file (txt), pdf file (pdf) or read book online.