BLS: Mod. 4
What does Judicial Precedent involve?
Application of the principle of stare decisis
How does the Stare Decisis operate?
Both horizontally and vertically
If not the PC, then who?
Caribbean Court of Justice
What is the purpose of the Privy Council?
Hears and determines appeals from decisions made by any other courts in the Bahamas
What does the CCJ do?
Hears appeals on both civil and criminal matters Trinidad 2003
Common characteristic of common law
It arises as precedent
What does the doctrine of the stare decisis ensure?
It ensures that there will be a hearing of any case and the decision of the court will stand
DOSD: The Privy Council
Most authoritative, binds both civil and criminal matters
What does Stare Decisis allow in the law?
Provides consistency and predictability
What is the Horizontal Stare Decisis?
Refers to a court adhering to its own precedent
What is a Vertical Stare Decisis?
Refers to when a court applies precedent from a higher court.
Example of Vertical Stare Decisis
Supreme court judge follows the principles of a past court of appeal case to rule in its current case.
Example of Horizontal Stare Decisis
Supreme court judge follows the principles of a past supreme court case to rule in its current case.
Arguments for why the PC should not be the final court of justice in The Bahamas
The PC lacks familiarity. Their judgement may not reflect the Bahamian realities The PC also has its own political agenda. They are against hanging. Hanging is still on Bahamian books
What court is at the top in The Bahamas?
The Privy Council
Why have other countries such as Guyana, New Zealand, Grenada, Barbados, and Belize abandon the PC?
They find it inferior
DOSD: Court of Appeal
a court with the authority to review decisions made by lower courts
What is Judicial Precedent?
a decision of the court used as a source for future decision making
Doctrine of Stare Decisis
a policy of inferior courts to stand by a precedent and apply it to all future cases where the facts are substantially the same
What is common law?
law made by judges through their decisions, not through specific statutes (judge-made law)
What is Stare Decisis?
let the decision stand