The doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding on a court lower than its hierachy. Judicial precedent cornerstone be applied on cases and to be treated similiarly when the genuine facts of the cases are identical.
There are two main principles that are involved in judicial precedent, there are symmetry decidendi and the obiter dictum. Ratio decidendi is a principle of law on which the court reaches its decision. The proportionality decidendi of a case may be dumb as the recital of the law applied in decision making the legal problem raised by the concrete facts of the case. The ratio of a case is binding on lower courts but may not be cited as persuasive dominance in later cases.
The second principle is the obiter dictum.
It is a description made by the judge that is not an essential start up of the ratio decidendi. It is most referred that something said by the way. Obiter dicta a statements do not form part of the binding precedent, but they are persuasive authority and can be taken into servant in later cases, if the later case consider it is seize to do so.
Through judicial precedent, lower courts are bound by the decisions of higher courts, hence based on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law. It creates certainty in the sense where like cases are treated alike if the clobber facts are identical, and this will enable the...If you want to get a full essay, order it on our website: Ordercustompaper.com
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