Tiêu đề English Jurisprudence question No 7..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 07: Define precedent? Explain different kinds of precedents and factors that tends to increase and decrease the Authority of Precedents? (This question is from 6 th topic of the Outline). 1. INTRODUCTION: Precedents serve as a crucial wellspring of law, bearing significant authority worldwide. Their importance lies in being a reliable guide for legal decisions. A precedent, essentially a past legal case, embodies not just an outcome but a fundamental legal principle. It stands as a cornerstone, shaping present judgments based on historical legal wisdom.
2. CROSS REFERANCE: Article 189 and 201 of the constitution of Pakistan 1973. 3. MEANING OF PRECEDENT: Precedent means, “Authorities or decision of superior courts to be followed. 4. DEFINITION OF PRECEDENT: • According to Prof. Austin: He asserts that “Precedent is a judicial law or judiciary law.” • According to Prof. Salmond: “He remarks that precedents are judicial decisions by courts followed in subsequent a like cases.” 5. AUTHORITY OF PRECEDENT: Precedent is based on the doctrine of “stare decisis”. 6. STARE DECISIS IN PAKISTAN: According to Article 189 and 201 of the constitution of Pakistan 1973 decision of supreme court are binding on the other courts. 7. DIFFERENCE BETWEEN PRECEDENT & JUDGMENT: Judgment is a decision made in a specific case, while precedent is a past decision that serves as an example for similar future cases. Judgment is like a unique choice for a particular situation, while precedent is a guide based on previous choices. In short, judgment is for today, precedent is for tomorrow. 8. NATURE OF PRECEDENT: The nature of precedent refers to the legal principle that past decisions guide current cases. When
judges follow earlier rulings, it creates consistency and predictability in the legal system. Precedents set a standard for similar situations, helping ensure fairness and equality. In essence, it's like using the roadmap of previous cases to navigate the present legal landscape. 9. THEORIES OF PRECEDENTS: • Declaration Theory of Precedent (Blackstone): Blackstone's Declaration Theory of Precedent states that judicial decisions, especially those made by higher courts, serve as declarations of the law rather than creations of new law. According to this theory, judges interpret and declare the existing law rather than actively making new laws. Precedents, or previous court decisions, provide guidance for future cases, ensuring consistency and stability in the legal system. • Judges as Lawmakers (Salmond): Salmond's theory suggests that judges play a role in lawmaking through their decisions. According to Salmond, when judges interpret and apply the law to specific cases, they are essentially making law in those particular situations. This theory highlights the creative aspect of judging, as judges contribute to the development and evolution of legal principles through their decisions. Unlike the Declaration Theory, Salmond's perspective implies a more dynamic role for judges in shaping the law. 10. PRECEDENT AS A SOURCE OF LAW: Precedent is like a legal example that helps judges make decisions in similar cases. When a court decides a case, its decision becomes a precedent for future cases with similar issues. This means that judges often look at past decisions to guide them in deciding new cases. Precedent helps make the law consistent and fair because similar situations are treated alike. It's like using a roadmap once a path is chosen,
others can follow it to reach similar destinations. This way, the law builds on past decisions, creating a stable and predictable legal system. 11. KINDS/CLASSIFICATION OF PRECEDENTS: Following are the main kinds of the precedents. • Binding Precedents: These are decisions from higher courts that lower courts are obligated to follow. The principle of stare decisis, which means "to stand by things decided," is the basis for binding precedents. • Persuasive Precedents: These are decisions from other courts that are not binding on the current court but can be considered and used as guidance. They may come from a different jurisdiction or a lower court. 12. FACTORS/CIRCUMSTANCES THAT INCREASE THE AUTHORITY OF PRECEDENTS: Following are the factors that can enhance/increase the authority of a precedent. • Supreme Authority of Higher Courts: Precedents established by superior courts, particularly the apex court, carry heightened jurisprudential authority, exerting a substantial impact on subsequent legal interpretations. • Adherence to Consistent Legal Reasoning: The significance of a precedent is augmented when it adheres rigorously to a uniform and coherent legal rationale, thereby establishing a persuasive doctrinal foundation. • Relevance to the Central Legal Issues: The gravitas of a precedent is bolstered when it demonstrably addresses the core legal issues