Assess the hierarchical structure of the court system in England and Essay - 4

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of binding precedent engage with this structure - Essay Example The structure of the courts that lie along all the three jurisdiction are always arranged in accordance to the cases subject matter that have been brought before the court instead of the source of the laws that will be applied in making rulings to the cases. The latter formed a strong basis for a great deal in the whole court structure in England and wales until towards the end of the nineteen-century, but some influence is still seen to date. All the other courts in the hierarchical structure of the legal system are bound to any decision and judgments made by the House of Lords. Despite this bond, the decision is only exempted to the House of Lords rulings itself. Previously, the House of Lords used to be bound to its decisions that were made in previous rulings until the practice was changed back in the year nineteen sixty-six. The old practice rationale was that the decision made by the highest court in the country was meant to be final so that certainty in the law would be and henceforth finality in litigation. However, due to changes seen in the social conditions, the law was changed. The current practice, therefore, enables the highest court that is the House of Lords to adapt to the laws of England and wales so that it can be able to meet the ever-changing social conditions. In addition, to enable the structure to be able to pay its attention to the decisions made by the superior courts within the commonwealth. The freedom bestowed upon the House of Lords currently to change its decision that it made previously creates recognition that law, whether it has been expressed in cases or printed in statutes, is considered to be living. Because of this, institutions must change to adapt to the circumstances under which these laws apply if practical relevance of the laws is to be retained. The court of appeal lies second in the ranking of the courts.