09/01/22 23:47:36
This binding force is not, however, in all cases an irresistible one.
The highest appellate court in the country for the overwhelming majority of English cases ?the Hause of Lords- has held more than once during the last hundred years that it will not allow a previous decision given by it to be called in question.
It seems unlikely that in the future it will depart from this view of the absolutely binding nature of its own decisions. All English courts which rank below the House of Lords are absolutely bound by its decisions.
So, too, the jugements of the Court of Appeal, which stands next below the House of Lords, are binding declarations of the law for all lower courts, and even for itself.
There have, however, been one or two cases in which a decision of the Court of Appeal, which given in obvious forgetfulness of what had been previously decided, has not been followed, even by a lower court.
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