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Precedent and Judicial Reasoning
1991Abstract This chapter begins with a consideration of the extent to which judicial reasoning about law may be properly described as either ‘deductive’ or ‘inductive’. The question is probably less significant than the frequency with which it is raised suggests, but the discussion makes it possible to bring into relief certain features ...
Rupert Cross, J W Harris
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1994
Abstract General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents ...
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Abstract General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents ...
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Roczniki Administracji i Prawa
Judicial precedent cannot be granted the status of a source of law, but neither can one see the impact it has on the way the law is applied and on the shape of the decisions made not only by administrative courts, but also by public administration bodies.
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Judicial precedent cannot be granted the status of a source of law, but neither can one see the impact it has on the way the law is applied and on the shape of the decisions made not only by administrative courts, but also by public administration bodies.
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5. The doctrine of judicial precedent
2014Judge-made law to be found in the case law is governed by the doctrine of judicial precedent. The rule on which a case is decided is called the ratio decidendi and other statements of law not affecting the outcome of a case are termed obiter dicta. Whether one court is bound by the ratio decidendi of another court depends upon the position of the court
Steve Wilson +3 more
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Precedents and Judicial Politics
2018Drawing on insights from legal theory and political science, this third chapter advances a theoretical framework on the nature and long-term legitimacy-strengthening effects of reasoning by precedent. These legitimacy-strengthening effects are explored for two distinct categories of CJEU interlocutors. That is, first, the Court’s judicial interlocutors,
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6. The Doctrine of Judicial Precedent
2013This chapter examines the use of case law to solve legal problems. In the study and practice of law we seek to analyse legal principles; and the ‘principles’ in English law are derived from pure case law or from case law dealing with statutes. The discussions cover the idea of binding precedent (stare decisis); establishing the principle in a case; the
James Holland, Julian Webb
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Judicial Precedent in Africa Revisited
Journal of African Law, 1968One of the central facts, if not the most important of all, about the general legal systems of African countries is that they are derived wholly or partly from the legal systems of foreign countries, usually those of the former colonial power, though this is by no means the only source which has been drawn upon.
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Problems of interrelation of judicial practice and judicial precedent
Eurasian Advocacy (Evraziiskaya Advokatura), 2021openaire +1 more source