Judicial precedent in english legal system (U.K) - Essay Example

What Is A Law A law is a regulation imposed by the government or ruling body of any country. A law can be for anything practical and rational, and can be imposed all over the country or in any specific area of a country, as deemed suitable by the government in order to ensure appropriate behaviour of the people which are the citizens of the country.Why Are Laws MadeLaws are essentially made to control the behaviour of the people. If we see this practically, laws are meant to check the evil side of the human mind, which forces people to commit negative things harmful for any society and/or country.

Doctrine of Precedent In Relation To LawsIt means that the principles and guidelines of the law which have been set forth in a society are essentially meant to control the behavior, attitude and professional practice of judges. Criminal justice systems in any country are meant to set forth a set of rules needed to enforce law and order. These systems give operating guidelines to the enforcers of the judiciary system of an open and democratic society, and can include minimum and maximum limitations for the sentencing of criminals.

Now what is the doctrine of precedent in relation to laws It is important to understand that apart from the laws set forth to control the normal behaviour of people and to restrict the criminal activities and negative tendency of individuals in a society, certain other rulings are kept in effect. These are a set of guidelines which are not meant to ensure the rational development of the law. Rather they are meant to control the judges in terms of their honesty and rationality in making practical and professional decisions in the process of implementing the law.

Purpose of Doctrine of Precedent In Relation To LawsAll judges are also human beings. Negativity exists in all human beings, and becoming a judge in no way ensures that the negative element of the person has been eliminated. We have heard of so many incidents where judges have taken bribes and given decision in favor of the bribing party, be that the prosecuting side or the defendant side. This is a common example of the unruliness and waywardness of judges who have misused the authority which has been bestowed upon them.

Such practices by judges reflect the negative element of all human beings. This not only harms the purpose of any one of the disputed parties, but also causes menace to society. The doctrine of precedent is therefore meant to control the judges and to give them an operating guideline which they must follow at all times in their professional life. Such operating guidelines ensure that the judges, particularly the unruly and wayward judges, are themselves also operating under imposed restrictions and limitations.

No person should be allowed to go beyond the preset laws of a country or society, and the judges must also understand that they themselves are not above the law. The doctrine of precedent ensures that the judges are also accountable to the country which they serve. In practical terms, the courts operate on guidelines or previous rulings of the courts of the same level or courts which are superior. The rulings of superior courts remain in effect for courts of the same level and for courts which operate below their level.

This mechanism of previous rulings and the doctrine of judiciary precedent not only helps the judges in their very important decision-making roles, but also ensures that judges carry out their professional responsibilities within prescribed and lawful limits. It is, therefore, evident that the real and practical function of the doctrine of precedent is to control the wayward and unruly judges.ReferencesThe Doctrine Of Precedent in The Rule Of Lawhttp://www.ourcivilisation.com/cooray/btof/chap184.

htm (Accessed 9th January 2006)doctrine of precedenthttp://www.asfa.asn.au/dictionary/d/doctrine%20of%20precedent.htm (Accessed 9th January 2006)What is the doctrine of precedenthttp://www.coursework.info/i/646.html (Accessed 9th January 2006)JSPL - Book Review - Judicial Reasoning and the Doctrine of Precedent in Australiahttp://www.vanuatu.usp.ac.fj/journal_splaw/Book_Reviews/Hughes2.htm (Accessed 9th January 2006)