Precedent Question with Answer Plan

AS Level Law: Sources of law – Precedent

Question

(a)  Describe how the doctrine of precedent operates in English Law.

Illustrate your answer with cases.

(b)  Discuss whether or not the doctrine of precedent allows for the law to develop to meet the changing needs of society.

Answer Plan

(a)

• Definition of stare decisis i.e. precedent
• Explain the court hierarchy
• Practice Statement 1966
• Explain ratio and obitor
• Law reports

(b)

• The need for certainty in the law
• Ways of avoiding precedent
• Case studies to illustrate development of the law in euthanasia, right to life, women’s and human rights generally and a morality point.