Taking into account a similar notion, the essay emphasizes the importance of judicial precedent in developing a hallmark in the decision making process. Additionally, the different situations where the principle of precedent is not included in decision making have also been considered in this discussion. In the English law, judicial precedent doctrine plays an important role, with the assistance of which, effective future legal decisions are made on the basis of judgements delivered in the past identical or similar cases. The judges, while making decisions apply the law sources following their analysis. In this regard, the judges are recognised to make effective decisions on the basis of different legal principles. Contextually, the judges represented with similar decided cases of the past should follow the legal principle with the aim of making judgements consistently and in the fairest manner. Accordingly, based on the concept of ‘judicial precedent’, the decisions made by the judges are segregated into two dimensions, including ratio decidendi and obiter dictum.‘Ratio decidendi’ implies the practice or law on the basis of which, the decision is made. Ratio decidendi depicts the facts that are outlined by the judges as a basis of evidence.
https://graduatepapertutors.com/wp-content/uploads/2019/10/logo-300x60.png 0 0 Joseph https://graduatepapertutors.com/wp-content/uploads/2019/10/logo-300x60.png Joseph2019-10-26 17:50:382019-10-26 17:50:38Write 4 pages thesis on the topic one of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this
Write 4 pages thesis on the topic one of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this. In this context, the courts practicing this principle are deemed to be able to ensure that legal decisions are made in a consistent along with predictable manner (Tufal, n.d.).