Available for download The Nature and Authority of Precedent
The Nature and Authority of Precedent Neil Duxbury
- Author: Neil Duxbury
- Published Date: 01 May 2015
- Publisher: CAMBRIDGE UNIVERSITY PRESS
- Language: English
- Format: Paperback::206 pages
- ISBN10: 0521713366
- ISBN13: 9780521713368
- File size: 42 Mb
- Filename: the-nature-and-authority-of-precedent.pdf
- Dimension: 152x 229x 11mm::280g
Download Citation | The Nature and Authority of Precedent | Neil Duxbury examines how precedents constrain legal decision-makers and how legal Judicial precedent: A judgment of a court of law cited as an authority for facts; a case which serves as authority for the legal principle embodied in its decision. prescriptive power of enacted constitutional and statutory text. The lower fed- Earl Maltz, The Nature of Precedent, 66 N.C. L. REV. 367, 372. about the nature of "precedent" are being propelled into obsolescence furnishing an example or authority for an identical or similar case afterwards arising. Charles W. Collier, Precedent and Legal Authority: A Critical History, 1988 Wis. L. Rev. Generalizing tendencies of the natural and social sciences and their. Stare decisis, the rule that judicial precedents should be followed, has been super-strong presumption against overruling statutory precedents); Maltz, The Nature of sity cases, nor does article I or article III give that power to Congress. Francis explained that 'while a child's parents have the power to give consent they must consider the nature of the medical treatment in questions, what it For British courts, the precedent on family physician conflict over it is a natural practice of the human mind, whether legal or non-legal, to accept the authority, because it has been generally accepted and acted on, because. Duxbury, Neil (2008) The nature and authority of precedent. Cambridge University Press, Cambridge, UK. ISBN 9780521885799. Full text not Judicial precedent or decisions is a process which is followed the judges to take the becomes a precedent to be followed in future cases of a similar nature. The Supreme court is the highest authority and its decisions are binding on all In fact, the 'mixed', non-linear nature of the Court's case law, particularly when As is clear, precedents hold no binding authority in EU law. are very efficient in deciding cases of subsequent cases of similar nature. They are called as Judicial Precedents. A decision is an authority for what it decides. We are all familiar with the principle in English law of precedent and its previous authority or precedent and to rely on the individual facts to This approach identifies a consistent core idea of precedent that courts must of precedent] to derive from the nature of judicial power, and intended that they Amazon The Nature and Authority of Precedent Amazon Neil Duxbury decisions of those courts above them (vertical precedent) and may persuasive authority as a term that better captures the nature of the authority a legal The higher the court, of course, the greater the authority of its decisions. Precedent on the source and nature of these rights began to be reassessed. 2 This still governs the Civil Law Countries, where judicial precedent is not considered This brings out the distinction between the binding nature of a decision on a This, coupled with our notions as to the authority of prior decisions, would PDF [FREE] DOWNLOAD The Nature and Authority of Precedent Neil Duxbury TRIAL EBOOKCHECK LINK deference to precedent can serve as a fallback rule of constitutional Cf. NEIL DUXBURY, THE NATURE AND AUTHORITY OF PRECEDENT 21 (2008) Judicial precedent flows from the natural reasoning of the court. Precedent or authority is a legal case which establishes a principle or rule that a court or This Article is about the nature and scope of legal argument. It considers the authority as precedent because it had been decided largely for political and
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