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The way precedent works isn't always straightforward. Not every part of a judgment is binding. The *ratio decidendi*, meaning "the reason for deciding," is the binding part of the judgment. It's the legal principle upon which the decision was based. Obiter dicta, which means "things said by the way," are other statements or observations made by the judge that are not essential to the decision. These are persuasive but not binding. Furthermore, the hierarchy of the courts is crucial. Decisions of higher courts bind lower courts. The Supreme Court, being the highest court in the land, its decisions bind all other courts in England and Wales. The Court of Appeal binds the High Court and lower courts, and so on. This structured system ensures that legal principles are applied consistently across the judicial landscape. But you may ask, if precedent must be followed, can a judge ever create new law?
