court of appeal

• What must both divisions of the Court of Appeal follow?

  Their own past decisions
• Which court's decisions must the Court of Appeal follow?

  Decisions of the Supreme Court
• Under what condition can the Court of Appeal not follow past decisions?

  Unless an exception from following case applies
• What is an example case that illustrates an exception in the Court of Appeal?

  Young v Bristol Aeroplane 1944
• What are the three exceptions for the Court of Appeal's decisions?

  1. Conflicting previous Court of Appeal decisions allow choice.
  2. Must follow the House of Lords if overruled.
  3. Previous decisions made 'per incuriam' (in error).
• What extra ground does the criminal division of the Court of Appeal have?

  Potentially losing liberty in criminal matters
• When would the criminal division depart from precedent?

  If necessary in the interests of justice
• What is an example case illustrating the criminal division's extra ground?

  R v Gould 1968
• What is another example case related to the criminal division's extra ground?

  R v Taylor 1950
• What is the judicial role in precedent?

  • Judges develop large areas of law.
  • Judicial law-making is not constitutional (Dicey).
  • Development depends on judge's approach:
  • Active: R v R 1991
  • Passive: C v DPP 1995
• How can the development of law vary among judges?

  It can depend on being active or passive lawmakers
• What is an example of an active lawmaker case?

  R v R 1991
• What is an example of a passive lawmaker case?

  C v DPP 1995