Legal Theory and Institutions

Paper Summary:

This paper looks at the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system in England and Wales. Judicial precedent is an important element of the Western legal system, but it is not in continental civil law systems. In particular, it discusses how the judiciary has received much criticism in the procedure of precedent.

From the Paper:

"The historical power struggle began in the 17th century between the legislature and the Crown (Stuart Monarchy) and ended with Parliament becoming an independent in the power of making law in the name of the Crown. Nowadays, the ultimate power of making new law lies with the primary legislature (Parliament). Parliament has the capability of authorising and altering laws and as Parliament is an elected house, the power is given through democracy, but this is not so in the House of Lords because they are not an elected chamber. The House of Lords has received proposals for reform and those proposals are to modify the traditional form of the Life Peerages Act 1958 and the Peerage Act 1963. "

Sample of Sources Used:

• H.L.A. Hart. The Concept of Law. Law as a union of Primary & Secondary Rules. 1961. Oxford University Press.
• House of Lords Reform. 1st Report. 9th December 2002. Joint Committee on House of Lords Reform.
• L. Denning. The Discipline of Law. 1979. Butterworths Legal Publications.
• L. Goldstein. Precedent in Law. 1991. Oxford University Press.
• M. Hale. History of the Pleas of the Crown. [1736] vol. 1 Ch. 58.

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