Results 111 to 120 of about 271 (135)
Some of the next articles are maybe not open access.
Ratio Decidendi and Obiter Dictum
1993Although the doctrine of binding precedent states that all courts bind all lower courts and some courts also bind themselves, it would be wrong to conclude that everything contained in a decision is of equal weight. The traditional view is that we have to differentiate between the ratio decidendi of a judgement, which will be the binding part, and the ...
openaire +1 more source
The ratio decidendi of the Case of the Prodigal Son
1994Abstract Legal scholars and law students are not the only people who should be grateful to Brian Simpson. He has made important contributions to legal history, legal theory, and the study of the common law. He has also been one of the few academic lawyers of his generation to convey to a wider audience the message that the study of law ...
openaire +1 more source
Human Dignity and European Constitutionalism: Flatus Vocis or Ratio Decidendi?
2016After World War II human dignity successfully made its way into many constitutions and international treaties, as well as EU law. Yet, since it was not an entirely new concept, it should not be taken for granted that before 1945 it was quite irrelevant to Law.
Antonio-Carlos Pereira-Menaut +1 more
openaire +1 more source
Ratio decidendi. Guiding Principles of Judicial Decisions
2010This collection of essays is concerned with the subject of ratio decidendi, which is a technical legal term of art in Anglo-American jurisprudence. Ratio decidendi is the reason of the judge in coming to a judicial decision in a lawsuit presented to the court by the litigants for an official reason.These essays are concerned with the incorporation of ...
Dauchy, Serge +2 more
openaire +1 more source
Right to Be Forgotten or Right to Know: Brazilian <i>Ratio Decidendi</i>
Beijing Law Review, 2023exaly