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Question: “To the extent that the judicial profession becomes the daily routine of deciding cases on the most secure precedents and the narrowest grounds available, the judicial mind atrophies and its perspective shrinks”. Critically evaluate this statement. (1,500 words)

Self-reflective piece (716 words)
A self-reflective piece for a portfolio has no defined structure. Your only constrictions are that it must be within the 750-word limit. Your self-reflective essay should consider your progression through the module, and how certain elements have affected your progression. Particular emphasis should be placed on the effect of the assessments upon your development, but that is not absolute. Credit will be awarded for expression and considered reflection.

Module details - BL1176 Legal Skills

Answer: Irving R Kaufman argues that the use of secure precedents narrows the judiciary’s perspective. Whilst there is some element of truth in this, for example in the rigidity of precedent and the possibility of conflict, the benefits of judicial precedent outweigh the drawbacks. The ability to overrule, distinguish and reverse decisions, the certainty and practicality are all benefits of precedent which are fundamental to the judicial system. Precedent is based on the maxim stare decisis et non quieta movere which means to stand by decided matters. So, a binding precedent is a valuable source of law which judges can refer back to for guidance in future cases. The ratio decidendi is the rule of law on which the court reaches its decisions and the binding aspect of the decision. The obite......(short extract)

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Details: - Mark: Not available | Course: Professional Skills Practice | Year: 1st | Words: 2216 | References: Yes | Date written: February, 2018 | Date submitted: May 25, 2019 | Coursework ID: 1059

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