12
Israilova Kamilla
Judicial Precedent
Separation of powers
Separation of powers
The separation of powers is an organizational structure in which responsibilities, authorities and powers are divided between groups rather than being centrally held. It is most closely associated with political systems, in which the legislative, executive and judicial powers of government are vested in separate bodies.
Judicial branch
Judiciary
Judiciary is made up of the court system with the Supreme Court on top. Its members have a great power because they are the ones who decide what the law actually implies in any given case. The power of judges in the UK is even higher because UK does not have a written constitution and therefore there is no supreme set of laws collected in one place to be available for the citizens.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government. Judicial independence is important to the idea of separation of powers.
Judicial independence
Court system
1. Supreme Court of the UK
2. Senior Courts of England and Wales
- Court of Appeal
- High Court of Justice
- Crown Court
3. Subordinate Courts
- County Courts
- Magistrates Courts
- Special Courts
- Tribunals Service
scheme
Judicial Precedent
Judicial Precedent
A Judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritive and biding and must be followed.
Judicial precedent system has both advantages and disadvantages
Judicial precedent system has both advantages and disadvantages
Advantages of Judicial Precedent
There is list of Judicial precedent's advantages
+
Certainty
Certainty
possible outcome prediction
Flexibility
Through judicial precedent judges are afforded the opportunity avoid precedents; this is where the principle becomes flexible.
Flexibility
Time saving
Time saving
possible time savings by
referring to
previous
decisions
Consistency
Similar cases = Similar decision
consistency
Disadvantages of Judicial Precedent
There is list of Judicial Precedet's disadvantages
-
Rigidity
Rigidity
Bad decisions
may be
repeated
Complexity
Relevant case
fiding
difficulties
Complexity
Impossibility in solving case unless previous similar one is not solved
Slowness of growth
Illogical decisions
Distinguishing cause
areas to be complex even
if facts are not that
different
Thank you
for attention!