Question
'The doctrine of precedent has developed within the common law tradition as a mechanism for constraining judicial decision making. Within the operation of that doctrine,
'The doctrine of precedent has developed within the common law tradition as a mechanism for constraining judicial decision making. Within the operation of that doctrine, however, are a number of means available to judges to avoid following precedent.' Anon
Discuss.
In your answer you may want to consider the following points
What are the general rules of the doctrine of precedent in Australia? What are the advantages of following precedent?
What is the 'judicial dilemma' that Australian courts often confront while applying the doctrine of precedent?
Are there any ways in which this 'dilemma' can be overcome? Outline the ways in which precedent can be avoided.
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