The Role of Ratio Decidendi in Judicial Precedent

397 Words1 Page

The Role of Ratio Decidendi in Judicial Precedent

Ratio decidendi plays a very important role in judicial precedent as

it is the legal principle underlying the decision in a particular

case. Therefore, it creates the precedent for future cases and is

considered the most important part of a judge's speech.

Judicial precedent, which is case law, has been and still is a major

source of law in the English system. The decisions from previous cases

create law for future judges to follow. The English law system is

based on the Latin principle of stare decisis, which means 'stand by

what has been decided and do not unsettle the established,' i.e.

follow the common law, don't try to change it. There are different

types of precedent; original, binding and persuasive.

Original precedent is a point of law where a new case that hasn't been

decided on in the past. In these cases the judge would look at cases

that appear closest, the judge would use the case to reason by

analogy. A case where the judge had to reason by analogy was in 1995,

the case was Hunter and others V Canary Wharf Ltd. The case was about

a 250m high tower that Hunter said caused interference with television

reception. A decision needed to be made as to whether the tower did

cause problems, but because this was an unusual case the judge didn't

have a directly related ratio decidendi to refer to and so he found a

case with a similarity. The judge found a case from 1611 and came to

the judgment that interference with television broadcasts was

analogous to blocking a view out of a window. He also said that

television wasn't a necessity and so ruled that Canary Wharf Ltd

weren't liable.

Binding precedent is where a judge is forced to follow a decision even

if he/she doesn't agree with it. However, the case must be adequately

similar and the previous case should have been heard in a court either

on the same level or higher.

If there is a case similar to another but it has been heard in a lower

Open Document