horizontal and international precedents

Question 1

horizontal stare decsis

Answer 1

-courts not bound by judgements at the same level
-highly persuasive
-especially if well-reasoned, been applied as good law

Question 2

horizontal stare decsis in district and high court

Answer 2

not binding but persuasive especially if applied by other courts

Question 3

for the supreme court to give leave to appeal, these must be met

Answer 3

-broader importance to society
-miscarriage of justice
-competing precedents, uncertainty - appellate court settles

Question 4

what justifies departure from an earlier precedent in the court of appeal and Supreme Court

Answer 4

1. decision is per incuriam
   -fail to consider a biding authority or relevant statue
   -effect judgement
2. overtaken by significant legal or social change

Question 5

overseas precedents are

Answer 5

never binding on our courts but our courts may find them helpful and treat the as persuasive as they commonly do

Question 6

the decision has been overtaken by significant legal or social change case example

Answer 6

ngati apa declined to follow the ninety mile beach case, based on the fact they were applying the approach taken in wi parata

Question 7

couch v attorney general

Answer 7

’ only in compelling circumstances ‘
will the supreme court will change approach from its own earlier decisions,

Question 8

The decision has been overtaken by significant legal or social change - Bliss v attorney general of canada (1979)

Answer 8

-legislation disentailed pregnant women from receiving certain unemployment benefits
-this was not unconstitutional, it did not discriminate against women on the basis of sex ( but rather on the basis of pregnancy)

Question 9

The decision has been overtaken by significant legal or social change Brooks v Canada safeway ltd (1989)

Answer 9

-bill would not be decided now as it was decided then
- decision created economic and social disadvantages for those who bear children