Practice Statement (Judicial Precedent)

Facts

The Lord Chancellor, on behalf of the Law Lords, issued a statement on the House of Lords' approach to its own decisions.

Issue

Should the House of Lords remain absolutely bound by its own previous decisions?

Held

The House would normally treat its former decisions as binding but would depart from a previous decision when it appeared right to do so.

Principle

A final court may depart from its own precedents to avoid injustice and allow the law to develop.

Why it matters

Mirrored in section 122(2) of the 1991 Constitution for the Supreme Court of Sierra Leone.

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