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Can I read Understanding Legal Precedent in Law on EtoBox?
Understanding Legal Precedent in Law by Leonard Berisha is a document available to read on EtoBox.
What is Understanding Legal Precedent in Law about?
The document discusses the doctrine of precedent in three legal systems: 1) English common law where precedent is binding on lower courts from higher courts through the doctrine of stare decisis. Judges can distinguish or overrule precedents. This provides certainty but can also perpetuate injustice. 2) Civil law where judges refer to legislation rather than precedent. Precedent is not binding but consistency develops in practice. 3) Sharia law where the Quran and Hadith are primary precedent and fiqh
- Author
- Leonard Berisha
- Language
- EN