Titlebook: Legal Method; Ian McLeod Textbook 1999Latest edition Thomas Ian McLeod 1999 classification.edition.English.Europe.foundation.freedom.human

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An Introduction to the Doctrine of Binding Precedenturts, which was outlined in Chapter 3, clearly becomes relevant in the present context. In this Part we will examine the operation of the doctrine of precedent in some detail, both in conceptual terms and through each of the superior courts.

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and clude that everything contained in a decision is of equal weight. More particularly, the traditional view holds that there is a crucial distinction between the . (commonly reduced to .) of a judgment, which will be the binding part, and the . (commonly reduced to ., or, in the singular, .) which wil

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Does the House of Lords Bind Itself?und to do so, together with the extent to which there is, and ought to be, any difference between civil and criminal cases for the present purposes. However, it is useful to begin with a brief consideration of the historical perspective.

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Does the Court of Appeal Bind Itself?ourt binds itself, but some cases also raise the question of how, if at all, the principles governing this question at this level in the judicial hierarchy differ from those which operate in House of Lords, and whether they should do so. As with the House of Lords, the distinction between civil and

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Precedent as a Vehicle for Law Reforment and the ways in which the courts use, or refuse to use, the doctrine to develop the law. At this stage, however, it will be useful to discuss the practice of judicial law reform as a whole. It is convenient to do so by surveying, in turn, a number of its perceived strengths and weaknesses, befor

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