Sentence examples similar to doctrines of precedent from inspiring English sources

Their power is enhanced by the common law doctrine that links them in a chain of influence and causation the doctrine of precedent.

But the doctrine of precedent still bites; so anyone who wants to overturn a decision on the basis that it is inconsistent with the subsequent Strasbourg ruling will generally have to litigate the case up to the UK supreme court.

This is commonly known as the doctrine of precedent, or stare decisis (i.e., standing by things decided).

So the Common Law's version of the doctrine of precedent does not inevitably flow from the fact that precedents have practical authority.

The correct statement of the doctrine of precedent is that later courts are bound by cases not simply by rationes and bound to either follow or distinguish them.

A final justification for the doctrine of precedent is that it is desirable to give courts the power to make law.

It should be noted, however, that such a rationale does not necessarily support as strong a doctrine of precedent as that found in many Common Law jurisdictions.

Hence the more accurate statements of the doctrine of precedent are to the effect that a later court must either follow or distinguish a binding precedent a disjunctive obligation.

Over time, by the doctrine of precedent where it exists or through the gradual emergence of an interpretative convention where it does not, this gives a factual edge to normative terms.

It has also been noted that features of the law such as the doctrine of precedent, arguments from analogy, and the requirement that like cases be treated alike seem particularly apt to be illuminated via some kind of coherence explanation.

So to direct courts to follow cases that were not erroneous would simply be to direct them to do what they are legally bound to do anyway (i.e., apply the law), thereby rendering the doctrine of precedent redundant.