Doctrine of Judicial Precedent | Denningzcave

The Rt. Hon Lord Denning, Master of the Rolls (1899 –1999) was the greatest Law making Judge of the 1900s and also themost controversial. He was called to the bar in 1923. In 1957, hewas elevated to the House of Lords but in 1962, in an unprecedentedmove, he stepped down to the position of the Master of the Rolls,that is, the head of the Civil Division of the Court of Appeal inEngland. In his book Landmarks in the Law, Butterworths 1984 whiledescribing his life in retirement, he describes his personallibrary at home at page 369 and wrote as follows:

The following have been identified as the advantages of JudicialPrecedent or stare decisis:

In Volume 1 of the Report, Muhammadu Lawal Uwais formerly ChiefJustice of Nigeria in the Foreward to the Reports wrote that"The doctrine of judicial precedent as a unique feature of thecommon law relies heavily on availability law reports".

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Some Reports are specialised and they contain cases in a definedarea of the Law. For example the institute of Bankers in the UnitedKingdom had published Eleven Volumes of "LEGAL DECISIONSAFFECTING BANKERS 1879 -1900". These reports were edited bySir John R Paget Bart K.C. He was the counsel to the institute andthe volumes contained Reports from many sources including the"Times". The most distinguishing factor of these reportshowever is that they relate solely to cases involving banks andbanking law. In this genre is the Nigerian Banking Law Reportspublished by the Nigeria Deposit Insurance Corporation. It is awell printed report and its editorial board is chaired by ProfessorJ.O. Anifalaje of the faculty of Law, University of Lagos.

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Lord Edmund –Davis in his book "JudicialActivism"1975, wrote as follows "Whatever a judge does,he will most surely have his critics .If, in an effort to dojustice, he appears to make new law, there will be cries that he isoverweening and that he has rendered uncertain what had long beenregarded as established legal principles .On the other hand ,if hesticks to the old legal rules ,an equally vocal body willcharge him with being reactionary, a slave to precedent, and offailing to the mould the law to changing social needs. He cannotwin ,and, if he is wise ,he will not worry ,even though at times heruefully reflect that those who should know better seem to havelittle appreciation of the difficulties of his vocation. He willjust direct himself to the task of doing justice in each caseas it comes along. No task could be nobler."

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Sir William Blackstone (1723 to 1780) is known for hiscommentaries on the laws of England which formed the foundation ofthe understanding of the law by English lawyers from the late 18 toearly 19th century. In his treatise of the diverse setof rules and principles scattered over the mass of judicialopinions constituting the common law of England, Blackstoneperformed a great service to lawyers and citizens of his day. Infact Stanley Katz, in his introduction to VOLUME 1 OFBLACKSTONE'S COMMENTARIES ON THE LAWS OF ENGLAND, A FACSIMILEOFTHE FIRST EDITION

Precedent dictionary definition | precedent defined

CUIAB may designate certain of its decisions as precedent decisions. Except as modified by judicial review, precedent decisions are binding upon the EDD and CUIAB's ALJs. To identify the subject matter covered in the precedent decisions, the precedents have been given a letter abbreviating the category:

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The bedrock of Judicial Precedent can then safely be found inlaw Reporting. The Law Report provides the source of case lawprecedents. They are the conclave in which lawyers retreat to digfor the right law to apply in every situation that confronts theirclients.