Precedent- Statutory Interpretation Essay Example | Topics and Well Written Essays - 2000 words

Precedent- Statutory Interpretation - Essay Example ferentiates the English Common Law system from Civil Law, where every case is tried based on a judge’s or jury’s interpretation of law at a particular time, regardless of the outcome of similar cases in the past. This begs one big question: Given that the judiciary has the task of interpreting laws and giving judgments when two or more parties do conflict; add to the fact that it is supposed to play a role that is separate from the legislature, has stare decisis effectively made English courts the rivals of Parliament in making laws? To be able to do that, let us examine the current rules of court in Britain. There are different rules of precedent for each court. There are cited as follows: (â€Å"Rules of precedent†, n.d.) Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law†¦.This announcement is not intended to affect the use of precedent elsewhere than in this House. Many people believe that the House of Lords is bound by the rules it set, but his statement has implied that the House of Lords is not really bound by its own decisions,