Judicial Precedent in UK Law
- COLONIAL COURTS AND THE DOCTRINE OF JUDICIAL PRECEDENT
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Scope and precedent: judicial rule-making under uncertainty
I develop a formal model of Supreme Court opinion-writing in an environment of uncertainty. In particular, the model captures how the Supreme Court will optimally design the specificity of its lega...
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REVIEWS
Book reviewed in this article: The Changing Law. By The Rt. Hon. Sir Alfred Denning Justice. By Giorgio del Vecchio. Edited by A. H. Campbell Justice According to Law. By Roscoe Pound The Doctrines...... ... of what Sir Frederick Pollock has described as “Judicial Valour,” but even he has been forced to work within a ... while the doctrine of the absolutely binding precedent remains in force. Law reform, to be of any value, ... ...
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Holding the Purse Strings: The Continuing Evolution of Human Rights Law and the Potential Liability of the Finance Industry for Human Rights Abuses
While the responsibility of States and, in more recent times, corporations, has been thoroughly discussed in relation to human rights, a new stage of evolution may be emerging in relation to the li...... ... although there is little in the way of concrete legislation or judicial precedent that would hold financial institutions responsible for the ... ...
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Australia's National Classification System for Publications, Films and Computer Games: Its Operation and Potential Susceptibility to Political Influence in Classification Decisions
The purpose of this article is to examine Australia's regulatory system for the classification of publications, films and computer games, the National Classification System (‘NCS’), and to question...... ... , even with redrafting, would remain so without the bene fit of judicial precedent. The ambiguity created by the classification documents legi ... ...
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Horizontal Effect and the Constitutional Constraint
This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights thr...... ... in this context and the impact of the model on the doctrine of judicial precedent. INTRODUCTION Over a decade after the entry into force of the ... ...
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Homophobia, 'Increasing Barbarity' and 'Perverted' Desires: Why Brown Has no Place in Governing Consent to Non-fatal Offences Against the Person
This article discusses the relevance of Brown [1994] 1 AC 212 in today’s society, a quarter of a century after the House of Lords decision. It will be argued that the decision was wrongly decided o...... ... in order to track the development of the law and any changes in precedent ... Slingsby in particular highlights a difference in judicial opinion ... ...
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Ambiguous Statutes and Judicial Deference To Federal Agencies
The Supreme Court’s Chevron decision raises questions about why Congress passes ambiguous statutes and why courts defer to agencies rather than impose their own interpretations. This article presen...... ... gain few policy advantages by deciding strategically on the basis of their policy preferences as opposed to simply following Chevron precedent. The results shows that legislative policy entrepreneurs can frequently advance their policy interests more successfully with ambiguous than with ... ...
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Provocation; Objective Test; Precedent
... ... It would equally have been unusual had the House, pursuant to the Practice Direction (Judicial Precedent) [1966] 1 WLR 1234, decided to depart from its decision in Morgan Smith ... In the absence of a suitable appeal, however, that course was ... ...
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Justifying Indirect Discrimination in English and American Law: How Stringent Should the Test Be?
Because British anti-discrimination legislation is significantly based on the American precedent contained in Title VII of the Civil Rights Act 1964, it is instructive to compare judicial developme...... ... legislation is significantly based on the Amer- ican precedent contained in Title VII of the Civil Rights Act 1964, it is instructive to compare judicial developments in the two countries. This article argues, ... ...
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