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Significance of Judicial Precedence
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Describe the Operation of the System of Judicial Precedent and assess its Present significance in the Law of England. There are many different sources of Law in England, which include statutes, case law, deligated legislation, custom and European Law. Each one of these sources has varying importance and this essay will be examining one of the major contributors to English Law, Judicial Precedent or Case Law. Judicial Precedent can be seen as a process where by a judge must follow any decision that has been made by a higher court in a case with similar facts. "Precedent is the life...
significant. Its significance still remains largely due to the Practise Direction of 1966 which allows the Highest Court in the Country to reverse previous decisions. Without this decision the courts would still be bound by old and out dated rulings that can no longer be applied to modern society. As the amount of case law within the country continues to rise the significance of judicial precedent will increase as it will cover almost every legal situation. New precedents will only be brought in to apply new legislation and overturning previous decisions that are outdated due to this new legislation.
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