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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 ...
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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 ...
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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
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Ratio Decidendi as a Strategic Anchor: Falsifiable Model of Judicial Transitions *
SSRN Electronic JournalDespite extensive scholarship on judicial self-empowerment-including the Marbury moments thesis and maxi-minimalism-comparative constitutionalism lacks a model with high explanatory power that explains how weak constitutional courts in common law countries successfully transition to strong-form judicial review.
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Right to Be Forgotten or Right to Know: Brazilian <i>Ratio Decidendi</i>
Beijing Law Review, 2023exaly