Explain the following types of precedent:
(i) Declaratory Precedent
(ii) Original Precedent
(iii) Distinguishing Precedent
ANSWER
i) Declaratory precedent
This is the application of an existing principle or proposition of law in a subsequent case.
ii) Original precedent
This priniciple or propostion of law as formulated the court. It is the law creating precedent.
iii) Distinguishing precedent
This is a subsequent decision which effectively distinguishes the existing precedent. It becomes a precedent in its own right.