This essay outlines the way in which courts use the system of precedent in deciding cases. Different methods of law-making will be identified, and the authority of judges to make laws will be described. It will state the operation of doctrine of precedent, including binding and persuasive precedent, as well as ratio decidendi and obiter dicta. Explained also, is the problems encountered with the doctrine of precedent and the methods available to overcome precedent. Case …
showed first 75 words of 3120 total

showed last 75 words of 3120 total
…all the varieties of human experience, will be highly practical and will be composed by the finest minds of many generations, tuned to a fine balance and learned in the art of detecting legal issues and resolving legal problems. As the Court enters the next century, so too will the foundations upon which Australia became a nation and with it, the beliefs of an entire melting pot of people as diverse as the universe itself.