Sentence examples for practice of precedent from inspiring English sources

What the approach does help to highlight, on the other hand, is the role played in the practice of precedent by the justification for decisions.

It is true that legal systems that follow a practice of precedent create expectations that earlier decisions will be followed in the future.

The practice of precedent involves later courts being bound to either follow or distinguish the earlier decision, but only if the facts of the later case fall within the terms of the ratio.

1 It is often said of such systems that in practice earlier decisions are used by later courts in ways parallel to their use in jurisdictions with an official doctrine of precedent, i.e., that there is an unofficial practice of precedent (see many of the essays in MacCormick and Summers 1997).

Given this, a practice of precedent in law, it can be argued, has a number of advantages due the fact that it may make institutional decisions replicable (see Eisenberg 1988, 10 12, 23 4, whose coinage it is; and Schauer 1987, 597 8).

The practice of following precedent can be justified by two main practical considerations.

We note that many rock engineering projects are on the limit of precedent practice, involving large scales, increasing costs, enhanced environmental awareness and the need to understand and predict the consequences of coupled mechanisms involving stress, water, heat and chemical reactions.

Matthew Miller, who served at the department under attorney general Eric Holder, told the Guardian: "I think it was an unacceptable breach of years of department of justice practice and precedent.

Justice Antonin Scalia, writing for the 5-to-4 majority, defied decades of practice and precedent in reinterpreting the "purpose" test.

"To suggest otherwise is to ignore centuries of practice and precedent".

By ruling as it did, the Court overturned years of precedent and practice in Wisconsin.