... drafting of Green Papers into White Papers by the government shows how public consideration is taken into effect when producing legislation. When a statute has thus been passed, it is then made law; however, it may still be open to judicial interpretation which will be explored later. This nevertheless, leads into the issue of precedent. Simplistically, once a decision has been made in the higher courts of the country, by the principle of stare decisis3, it is eligible to be binding as precedent in later cases upon lower courts. The judge, in spite of this, has power to interpret the precedent in a number of ways. Precedent in case law comprises of a Ratio Desidendi4 and Obiter Dictum5. A judge may not always agree that the apparent precedent laid down in a previous case is valid in the present case. It is here that he may argue that the obiter dictum ...

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