scroll to top
Stuck on your essay?
Get ideas from this essay and see how your work stacks up
Word Count: 1,272
The Doctrine of judicial Precedent is a well established part of the Australian legal system It gives Judges the power to make and change laws which can often be the source of some criticism Within this essay the history of the Doctrine of Precedent will be outlined there will be references to two preceding cases relevant terms will be defined and the advantages and disadvantages of the Doctrine of Precedent as a basis for common law will be argued The law has undergone centuries of continuous changes which have shaped the way Australian law is practised today Local customary law was the most common form of law in England before the Norman Conquest in 1066 Local communities would congregate to form assemblies also know as moots where they would create laws based on common customary views shared among the community At the beginning of the thirteenth century the concept of common law began to emerge An internal system of courts was set up with each community sharing the same laws Judges travelled to the communities and followed the same rules therefore making the laws enforced throughout common to all To provide consistency between the communities if a judge was making a decision about a case and there was a case of the same nature that had been decided by a judge before it they would be resolved in the same way with the same ruling That meant that the first judge to make a ruling on a particular case had made a law that judges in following cases which were of the same nature were obliged to follow This still applies within the Australian legal system today Courts are bound within prescribed limits by prior decisions of superior courts within the same State or Federal hierarchy This is collectively known as the Doctrine of Precedent Judicial law is a large part of the Doctrine of Precedent It is named
@Kibin is a lifesaver for my essay right now!!
- Sandra Slivka, student @ UC Berkeley
Wow, this is the best essay help I've ever received!
- Camvu Pham, student @ U of M
If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA