Explain the doctrine of precedent Assignment Example | Topics and Well Written Essays - 1000 words

Explain the doctrine of precedent - Assignment Example Vertical application of the doctrine of precedent involves inferior courts applying decisions from superior courts in their rulings. Horizontal judicial precedent occurs when a court considers judgments of earlier judges or judges from other courts at the same level of the judicial structure. Superior courts can overturn decisions from other lower courts (Gerhardt, 2008). There are two main types of judicial precedents namely binding precedents, persuasive precedents. Binding precedents are mandatory judicial precedents that lower courts must abide by when making their rulings. Lower courts have to honor these precedents and apply them in their rulings. This mandatory authority usually comes from higher courts such as the Supreme Court (Gerhardt, 2008). Persuasive precedents are those that a judge can rely upon for guidance when making a ruling but need not necessarily apply them. These include decisions by lower courts or other courts in the same level of the judicial structure, obiter dicta statements of higher courts, and courts in other jurisdictions. This policy is very important for promoting justice, which is the main concern of the judiciary. I agree wholly with the relevance and importance of the doctrine of precedent because it plays a very important role in the judicial system of any common law jurisdiction by ensuring predictability of the legal system, maintaining stability, and promoting rational application of the law. Judicial precedent ensures stability of the legal system by maintaining the status quo of the legal system. The fact that Judges are required to uphold earlier decisions in their judgments makes it difficult for the legal system to be overturned or changes from time to time by unprofessional judges. This stability gives the law certain credibility and maintains public trust in the judicial system (Gerhardt, 2008). Without this doctrine, it will be difficult to control the legislative power of courts and authority of