Public Panel Discussion: Evolving Approaches to Judicial Precedent

The doctrine of precedent underpins the development and stability of the law in common law jurisdictions. Yet while it is too often assumed that rules that make up precedent are relatively static, there remains a sharp divide between practice and theory in understanding precedent. Recent scholarship suggests that we may be witnessing a period of significant change in the doctrine of precedent in Australia. This presentation will draw together leaders from the legal academy, bar and bench to discussion how our understanding of precedent may be changing and what those evolutions may mean.

Conversation between

 Mike Wait SC (SA Solicitor-General)

Russell A. Miller (J.B. Stombock Professor of Law, Washington & Lee University)

Chaired by the Hon Chief Justice Stein