What we Talk about When we Talk About Common Law: The Practice of Precedent

The contention of this chapter is that the doctrine of precedent is best seen as a practice through which many competing pressures are, if not reconciled, at least kept in a workable equilibrium. Our study of precedent will begin with an overview of the tension between hierarchy and flexibility. We will then look specifically at the relationship between the House of Lords and the Court of Appeal, and the possible development of an alternative practice of judicial interpretation. The final sections will engage specifically with judicial law making and human rights.