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4 Found helpful • 12 Pages • Essays / Projects • Year: Pre-2021
The purpose of this paper is to provide a summary of the factors affecting the operation of the doctrine of precedent in Australia as outlined in the article ‘Precedent law, practice and trends in Australia’[. The article outlined above observes that the operation of the doctrine of precedent has declined in response to an increase in the prominence and magnitude of statute law. Additional factors effecting the operation of the doctrine of precedent include the influence of English precedent, changes with the High Court of Australia, technology, the internet, and increase in the use of international judicial authority[3]. The doctrine of precedent is otherwise understood as judge made law or the process of applying previous decisions in cases to cases alike[4].
[1]Michael Kirby, ‘Precedent law, practice and trends in Australia’ (2007) 28 (3) Australian Bar review 243.
[2]Ibid 244.
[3]Ibid 243.
[4]Trisha Mann, ‘Oxford Australian Law Dictionary’ (2010) Oxford University Press 447.
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