Question: Critically evaluate the advantages and disadvantages of the doctrine of binding precedent as it operates in English courts.
Answer: In answering this question it is important to first note that, the doctrine of binding precedent is a fundamental and pervasive feature of the English legal system. It requires that, within the hierarchy of the English courts a decision by a superior court will be binding on inferior courts. Therefore, as cases are tried within English courts, if a precedent (or decision) has already set on a similar case (by a superior or equivalent court) that precedent must be obeyed.......(short extract)
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Details: - Mark: 70% | Course: English Legal System | Year: 2nd/3rd | Words: 1962 | References: No | Date written: January, 2009 | Date submitted: January 21, 2011 | Coursework ID: 633
