State with reasons, whether this quotation is consistent with the use of the doctrine of binding precedent in Australian courts

Running head : STATING WITH REASONS , WHETHER THIS QUOTATION IS

CONSISTENT WITH THE USE OF THE DOCTRINE OF BINDING IN AUSTRALIAN COURTS

Doctrine of Binding in Australian Courts

University

Name Doctrine of Judicial Precedent

Judicial precedent commonly referred to as case law is one of the sources of law in Australia . It is a case where judges of inferior courts pass judgments using decisions / restricts of superior courts for similar cases . In doing so , judges of the superior courts set the ball rolling for the judges in the inferior courts . However , it

is not all the judgement that forms the ratio decidendi (reasons for the decision becomes binding to the judges of the inferior courts . The other part is said to be persuasive (not binding . This principle is also known as stare decisis i .e . let the decision stay / prevail . Unless there is deviation of the case at hand in an inferior court from that superior court that brought about the precedent , the judgement of the superior court should stay

Function of the Judges

The judges of the inferior court should cautiously apply this doctrine of judicial precedence . As seen above for instances , he is not bound by all the judgement of the superior courts as some parts may be persuasive (not binding . On the other hand , it is important for them to understand that a judge of the superior courts may have uttered some remarks which did not play any role in arriving at the final judgement . These remarks are referred to as obiter dicta . They are remarks that are made by way of judges of the superior court set future precedents to be used by those of the inferior courts . They are future precedents because no principles / rules existed before making such new rules . However , the precedents that judges of the inferior courts have to apply are the already newly made laws . There are referred to as dedaratory precedents

Justice Lionel Murphy 's quotation depicts what judicial precedent has so far achieved . Judicial precedent leads to growth of the law . It deviates from the use of fixed rules or principles that should be applied as law If a judge finds out that the case before him cannot be effectively passed using old rules , then he sets his own rules on how that case should be handled . And as new rules are continuously made / enacted by the judges , the case laws also continue to grow . This adapts with the changing needs of a society where things are dynamic

The society needs laws that do not leave gaps i .e . Law that is rich in detail / content . Murphy 's quotation that he needs to bring laws that can satisfy the needs of the society is consistent with the use of binding precedent in Australian courts as far as content of the law is concerned . Case laws (judicial precedents ) are rich in content and meet the societies ' expectations

Additionally the society appreciates certainly as far as the application of law is concerned...