commercial law
Order Description
Question

The doctrine of judicial precedent is essential to the English common law system. It provides certainty to uphold the rule of law and also flexibility to adapt to social changes. Discuss

Guidance:
Refer to the chapters and sections on judicial precedent in the reading material that is suggested below. Use at least 4 sources for this assignment to include 2 of the suggested reading texts. Use the law section in the library to access a range of materials.

Suggested Reading:
Chapter 1 Legal System (Business Law, McIntyre, 8th edition, due April 2016)

Chapter 3 and 5 (The English Legal System, Slapper & Kelly, 15th edition, Routledge 2014)

Chapter 4 Slapper & Kelly (The English Legal System, Slapper & Kelly, 15th edition, Routledge 2014)

Use relevant case law but this does not have to only include the cases highlighted in the lecture slides.

Ensure that you use your own words to avoid plagiarism. References and bibliographies are not considered in the word count.

Footnotes are accepted but should in themselves not exceed 150 words for the total assignment.

Please present the assignment in essay style rather than a descriptive report style.

Basically what you have been asked is to discuss the pros and cons of judicial precedent
EXAMPLE OF HOW TO STRUCTURE THE ESSAY

– Define the doctrine of judicial precedent- quote or paraphrase
– Explain the reasons behind history of the doctrine
– Explain and analyse the perceived advantages and disadvantages of the doctrine: this would include ‘exceptions’ to the application of doctrine as a means of analysing its effectiveness
– Cite legal research to support your arguments: cases, statute, judicial commentary, academic commentary….
– Independently apply and analyse the material cited as per the specifics of the question.
– Conclusion

Commercial law

Order Description
“Civilian systems are characterized by wide-ranging codification of legal rules, whereas common law systems are distinguished by? their reliance on incremental change through the accumulation of judicial precedent. It may be that this ability to shape the law on a case-by-case basis helps to render legal regulation more adaptable to changed circumstances. In contrast, civilian legal systems may suffer from excessive rigidity, as change may only be made infrequently through legislation.”

J Armour et al ‘How do legal rules evolve? Evidence from a cross-country comparison of shareholder, creditor and worker protection’ (2009) 57(3) American Journal of Comparative Law 579

With reference to the above quote critically analyse whether the UK should codify commercial law with particular reference to whether commercial law would suffer from ‘excessive rigidity’ and an inability to adapt if it were to do so.

Commercial law

Order Description
“Civilian systems are characterized by wide-ranging codification of legal rules, whereas common law systems are distinguished by? their reliance on incremental change through the accumulation of judicial precedent. It may be that this ability to shape the law on a case-by-case basis helps to render legal regulation more adaptable to changed circumstances. In contrast, civilian legal systems may suffer from excessive rigidity, as change may only be made infrequently through legislation.”

J Armour et al ‘How do legal rules evolve? Evidence from a cross-country comparison of shareholder, creditor and worker protection’ (2009) 57(3) American Journal of Comparative Law 579

With reference to the above quote critically analyse whether the UK should codify commercial law with particular reference to whether commercial law would suffer from ‘excessive rigidity’ and an inability to adapt if it were to do so.