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CELE SQE1 模拟练习

Examination Timing: 00H01M17S

In an appeal before the Court of Appeal, the appellant relies on an earlier decision of the Judicial Committee of the Privy Council (JCPC) which indicates that the appeal should be allowed. The respondent relies on an earlier decision of the Court of Appeal which indicates that the appeal should not be allowed. How should the Court of Appeal treat the two decisions to which it has been referred?

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The Court of Appeal is bound by its own previous decisions, a principle established under the doctrine of stare decisis, which ensures consistency and predictability in the law. Decisions of the Judicial Committee of the Privy Council (JCPC) are highly persuasive but not binding on the Court of Appeal. Therefore, in this scenario, the Court of Appeal must follow its own earlier decision, not the decision of the JCPC, even if the latter suggests a different outcome.


Key Point: The Court of Appeal is bound by its own prior decisions under the doctrine of stare decisis. While decisions of the Judicial Committee of the Privy Council are persuasive, they do not carry the binding authority of Court of Appeal decisions. This principle maintains legal certainty and stability within the judicial system.

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