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Other Papers on :Human Rights

Other Papers on :Legal Systems

C/L/196. Consider the benefits and the disadvantages of the doctrine of precedent, including whether or not judges "make the law" to a great extent in developing and applying common law rules. Is this justifiable and/or inevitable within the legal system of England and Wales

(2007, 2200 words)

The paper examines the present-day role of the law of precedent in the UK discussing Dworkin's theory of rights, Denning's argument against the rules of precedent and interpretation, the position of the judge in law making, etc. References are made to the law cases based on precedent.



 
   
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