ROUGH DRAFT OF JURISPRUDENCE-II

TOPIC- Judicial Precedent : a comparative analysis

Submitted to: Manoranjan Sir
Submitted by: Ankit Anand
Roll :917
6th semester
INTRODUCTION
A precedent in common law language means a previously decided case which establishes a
rule or principle that may be utilized by a court or a judicial body in deciding cases that are
similar in facts or issues. There are two types of law statue law and common law-the first
category refers to the law passed by the parliament, it is written and must be adhered to. The
second type is the common law where judges decide cases by looking at previous decisions
that are sufficiently similar and utilize the principle followed in that case. Judicial precedent
is the source of law where past decisions create law for judges to refer back to for guidance in
future cases. Precedent is based upon the principle of stare decisis', meaning to stand by
decided matters. A binding precedent is where previous decisions must be followed. This
can sometimes lead to unjust decisions. A binding precedent is created when the facts of a
latter case are sufficiently similar to the facts of a previous case. The doctrine of precedent is
often referred to as being a rigid doctrine. Within the court hierarchy, every court is bound to
previous decisions made by courts higher than them. As in case of India, any decision made
by the Supreme court of India will be binding on all the high courts and the district courts.
And as in the case of English legal system, at the very top of the court hierarchy is the
European Court of Justice, followed by the House of Lords, which is considered to be the
supreme court as many laws do not concern European Union law. Decisions made by the
House of Lords become binding on all other courts within the hierarchy. Below the House of
Lords is the Court of Appeal, which has two divisions, Civil division and Criminal division.
Both divisions are bound to decisions made by the House of Lords and the European Court of
Justice. Additionally, they are bound to their own decisions. The Divisional Courts along
with the High Court are also bound to decisions made by the House of Lords and the
European Court of Justice, with the addition to the Court of Appeal, and the Divisional
Courts in the case of the High Court.

There are different types of precedent within the law. The first is original precedent which
refers to a case having a point of law which has never been decided before, then the decision
of the judge in such a case forms an original precedent. The second one is the binding
precedent. As the name suggests binding precedent is one which judges must follow whether
they approve it or not. It is also known as mandatory precedent or binding authority. As per
the doctrine of stare decisis, a court lower in the hierarchy follows and honours the findings
of law made by a court higher in the hierarchy. The decisions of lower courts are not binding
on courts higher in the system. Overall, the doctrine of judicial precedent brings equally both
advantages and disadvantages to the Legal System. Which will be discussed later in the
project.

AIMS AND OBJECTIVE

The aim and objective of the researcher is to know about the judicial precedent in detail. And
what are its advantage and disadvantage and why should we follow judicial precedent in
deciding cases.

RESEARCH METHODOLOGY
The researcher has adopted the doctrinal method of research for the project.

SOURCE OF DATA
The following sources of data have been used in the project are:
1 .Books
2. Websites
3. Articles

HYPOTHESIS
The researcher hypotheses that the use of judicial precedent method in deciding cases is
always advantageous.

CHAPTERISATION
1. Introduction
2. What is judicial precedent
3. Its advantage and disadvantage
4. conclusion