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Doctrine of Precedent
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JUDGE MADE LAW
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Judges ‘make’ law in 2 main ways
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Statutory interpretation
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Judges interpret legislation made by Parliament – they explain the meaning of words
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Words have different meanings in different contexts
Judges have to follow specific rules when interpreting legislation These rules are set out in Interpretation Acts
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New situations
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What happens if Parliament doesn’t like the laws that Judges make?
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What two things does the doctrine of precedent rely on in order to work effectively?
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Doctrine of precedent the rules of precedent – how it is made and applied by Judges
Law Reports a permanent record of the important judgments SOME DEFINITIONS
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Ratio decidendi the Judge’s reasons for the decision (found in the judgment)
Stare decisis Latin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases
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Obiter dictum comments made by Judges that are not part of the reasons for the decision. They may be persuasive in later cases. Binding precedent a precedent (legal principle) that must be followed by lower courts in similar cases
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Persuasive precedent A precedent (legal principle) that does not have to be followed
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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What does this cartoon mean?
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