judicial change

• What does judicial change imply about the law?

  The law does not and cannot stand still
• What is judicial precedent?

  Judges follow previous decisions in similar cases
• What does "stare decisis" mean?

  Standing by what has been decided
• What must courts do according to stare decisis?

  Follow decisions from higher courts
• What is ratio decidendi?

  The principle of law on which a decision is based
• What is obiter dictum?

  Comments on how a decision might differ with different facts
• Are obiter dicta binding?

  No, but they can be persuasive
• What was the significance of R v R (1991)?

  • Criminalised rape within marriage in England and Wales
  • Overturned the marital rape exemption
  • Upheld R's conviction for attempting to rape his wife
• What did the House of Lords (HoL) decide in R v R (1991)?

  Overturned the common-law rule on marital rape
• What was the outcome of BRB v Herrington (1972)?

  • Modified/overruled Addy + Sons v Dumbreck (1929)
  • Established new liability for trespassing children
  • Recognised changed social and physical conditions
• What did the HoL hold regarding railway companies in BRB v Herrington (1972)?

  They owed a duty to trespassers
• What does section 3 of the HRA 1998 allow courts to do?

  • Construe statutes contrary to their ordinary meaning
  • Ignore precise wording if it aligns with the statute's thrust
• What was the ruling in R v Shivpuri (1985)?

  Mistaken belief can render a defendant liable for attempt
• What are the advantages of judicial change?

  • Allows flexibility in the law
  • Avoids absurd results from old precedents
  • Enables law to adapt to modern times
  • Quicker than legislative changes
  • Judges can react to specific circumstances
• What are the disadvantages of judicial change?

  • Courts can only address cases brought to them
  • Many lack resources to pursue reform
  • Judges are unelected and undemocratic
  • Difficult to find law if not in written statute