Topic: Doctrine of Precedents
“The value of the doctrine of precedent to the common law… is not simply that it ensures respect for past decisions but also that it ensures that bad decisions do not have to be repeated.”
N Duxbury, The Nature and Authority of Precedent (Cambridge, Cambridge University Press, 2008)
Drawing on examples from the cases that we have studied, consider to what extent the power to depart from previous decisions is an integral part of the doctrine of precedent.
Young v Bristol Aeroplane (special attention, key case)
Doctrine of Precedents key cases:
Donoghue v Stevenson (1932) AC 562
McLoughlin v O’Brian (1983) 1 AC 410
Flexibility v Certainty
Young v Bristol Aeroplane
R v R (1991)
The decision of the European Court of Human Rights
*Bibliography and footnotes
*Depth analysis (no descriptive writing,)
*Other cases as support can be used it (English cases)
* analytical depth when discussing cases assess fully the relevance of reversing, overruling and distinguishing
*1966 practice statement
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