Importance of judicial precedent as a source of law in ghana
Stare decisis as judicial doctrine 413 importance to the rule of law,2 promoting the evenhanded, predictable, and consistent development of legal principles, 3 and contributing to the actual and perceived integrity of the judicial process4 yet despite its billing, stare decisis has a remarkable tendency to incite disagreements that contradict the very principles it is supposed to foster. The case law, which is a primary source of law) tucker, supra note 7, at 757-58: the essential difference between the civil and the common law lies in the generating force of authority. Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior law is a system that regulates and ensures that individuals or a community adhere to the will of the state state-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or. The doctrine of judicial precedent is a general principle of common law that is established in a case to help courts decide upon similar issues in subsequent case law judicial precedent is defined in the oxford dictionary of law as a “judgement or decision of a court used as an authority for reaching the same decision in subsequent cases.
The rule of precedent is a fundamentally important legal institution in common law countries: even the single judgment of a higher court speaks with a voice of authority and must be followed by lower courts1 this. Judicial precedent is a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issues or facts. A “legal treatise” is a book about one area of the law and a “law review” is a magazine or journal that has essays about different parts of the law written by legal scholars one response to the importance of precedent.
Ghana, being a common law jurisdiction, case law and judicial precedent play an important role in the law and its development article 125(3) of the 1992 constitution states that the judicial power of ghana shall be vested in the judiciary. Judicial precedent is an important source of law, but it is neither as modern as legislation nor is it as old as custom it is an important feature of the english legal system as well as of other common law countries which follow the english legal system. Introduction § judicial precedent means the use of decisions made by judges in the past as a source of law, where a similar case arises the past decision is used as a guideline § it is also known as case law § it is a major source of law both today and historically § if law on a particular source of law is not found in legislation - law. It covers two types of sources (books and scholarly articles), which are presented in three categories: general sources, sources on land law issues, and sources on family law issues some of the materials may address more than one of these subjects.
Sources of ghanaian law article 11 (1) of the 1992 constitution of ghana states the sources of ghanaian law as following: 1 ba (hons), llb (hons), llm (ug), ecnis (harvard), bl dickson is a barrister and solicitor of the superior courts of ghana. Legal business ch 1 study play an important source of us law affecting the legal environment of business are regulations, opinions, and orders from: the use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called: stare decisis. The judicial precedents are an important source of law sometimes, there is no provision, which can answer a particular question of law in such cases the court will look into the previous decisions on similar matters to find the relevant law. Judicial precedent is an important source of english law as an original precedent is one which creates and applies a new rule however, the later decisions, especially of the higher courts, can have a number of effects upon precedents. Ghana legal system sources of law the constitution acts of parliament subsidiary legislation existing laws (all laws existing prior to 1992 constitution) common law of ghana (ie english common law, english doctrines of equity, & customary.
Importance of judicial precedent as a source of law in ghana
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity the doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided. Part to the persuasive sources, judicial precedent and equity dean and professor of law, facult6 de droit de l'universit6 de rennes (france), visiting professor, louisiana state university law school, fall 1955. Importance of judicial precedent as a source of law in ghana judicial precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute books, and judicial precedent works great.
- One of the most important of these laws is the law of precedent or stare decisis that doctrine and its significance in practical terms are the subject matters of this paper this paper is also about how a lawyer in everyday practice answers a legal question and how that lawyer evaluates and formulates legal arguments.
- Judicial precedent and prevention of contradictory judgments: among thecountries that practice common law system judicial precedent is known to be of great importance to promotion of judicial decision which is a set of facts in a similar case1 a decision of the court is used as a source for future decision because, while murtala.
The indian legal system, like the common law system is replete with customary laws and principles and hence it is essential that to comprehend the indian system, one understand the role of custom as a source of law. Judicial precedent is source of law 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 et non quieta movere, more commonly referred to as ‘stare decisis', meaning to “stand by decided matters. Second, the constitution is a source of law because it creates and allocates power between the legislative, executive, and judicial branches of the federal government, which are other sources of law and third, the constitution is a source of law because it allocates power between the federal government and the states.