“If the High Court is getting above itself, the Court of Appeal reminds us it can take this away from high court judges and give it to judges lower still, who will just get on with implementing it.”
Deprivation of Liberty seems to be an issue which is putting the doctrine of judicial precedent – where lower court judges have to follow the reasoning and decisions of higher court judges – under considerable strain.
Here, I document – mainly to collate the resources into one place – two recent instances of where the lower courts have been questioning the higher courts.
But actually, this is not new.
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