Abolishing Bing Precedent
What would be the effect on English law if the doctrine of binding precedent was abolished?
Tom Funnell
The doctrine of precedent is the strict rules that bound judges when making decisions in cases which mark a change in the law. Then a binding precedent is a precedent made in a case, but the judge is obliged to follow.
It allows Judges to use references from other cases similar to come to a final conclusion, although for much change in sentence to be made the two cases must be distinguished effectively. It saves time for judges to come up with their own judgements, an makes if more appropriate to the convicted to be given a sentence similar to that of so one that has made a similar offence, with out a large differentiation in sentencing i.e. one man receiving 60 hours community service while another was sent to prison for 118 months. By abolishing the doctrine the judges would have to do their own long winded research, and then have to make a final judgement based on a......
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