WJEC A-Level Government and Politics 603-1979-3
The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government
Government and the Senedd in Wales
Devolution and the United Kingdom
Citizenship and Rights
The Protection of Human Rights
Democracy and Participation
Electoral Systems in the UK
Voting Behaviour in the UK
Political Parties in Wales and the UK
Pressure Groups and Social Movements
Liberalism
Conservatism
Socialism and Communism
Nationalism
The US Constitution and Federalism
Rights and Liberties in the USA
The US Congress
The US Presidency
The US Supreme Court
US Elections and Voting Behaviour
Political Parties in the USA
The US Supreme Court
Precedent and legal reasoning
- 3 things to know
- A2 Unit 4
Overview
Stare decisis, binding precedent and distinguishing a precedent.
What you need to know
Answer each one before you reveal it.
What is a binding precedent?
What is distinguishing a precedent?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is stare decisis?
Model answer
The principle that a court should follow the rules laid down in its earlier decisions.
- 2
Why does stare decisis matter?
Model answer
It makes law predictable, treats like cases alike, and lets people and institutions plan on a settled rule.
- 3
What is a binding precedent?
Model answer
A decision of a higher court that lower courts must follow on the same point of law.
- 4
Is the Supreme Court bound by its own previous decisions?
Model answer
No; it follows them as a strong presumption but may overrule them.
- 5
What is distinguishing a precedent?
Model answer
Holding that an earlier decision does not apply because the material facts of the present case differ.
- 6
Why is distinguishing described as a quieter alternative to overruling?
Model answer
It narrows a precedent's reach without the disruption and criticism of formally discarding it.
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