HI GUYS,
i urgently need help as I have a SAC coming up and I don't know how to answer this question.
Evaluate the extent to which the doctrine of precedent allows the courts to change law. (8 marks)
If somebody could help me lay it out or give me any help it would be greatly appreciated
Evaluate = analyse
the extent = to what extent
If you rephrase it, "To what extent can the courts change law through the doctrine of precedent?", it's easier to tackle. I believe this question refers to the flexibility methods of judges and how they can reverse, overrule and distinguish precedents. However, you MUST must mention that there are limitations in the courts being able to change law because of their position in the hierarchy.
So, from now on, anything with 'to what extent' or anything with that word, as well as evaluate/discuss/analyse, means that you must show both sides of the coin. In some cases, you may deliver an opinion but it is not necessarily needed.
Good luck!