ExpertMedium2 marksMultiple Choice
ACCA · Question 02 · Essential elements of the legal system
Section A
Which of the following courts binds the High Court but is NOT bound by its own previous decisions?
Section A
Which of the following courts binds the High Court but is NOT bound by its own previous decisions?
Answer options:
A.
The Court of Appeal
B.
The Supreme Court
C.
The Crown Court
D.
The Privy Council
How to approach this question
Consider the hierarchy of the courts and the rules of judicial precedent (stare decisis). Identify which court has the power to overrule itself.
Full Answer
B.The Supreme Court✓ Correct
Under the Practice Statement 1966, the Supreme Court (formerly the House of Lords) may depart from its own previous decisions to avoid injustice or to keep pace with social change. It binds all courts below it, including the High Court.
Common mistakes
Assuming the Court of Appeal can freely depart from its own decisions.
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