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Can you please explain the Binding & Persuasive Precedent & whether it is binding on lower courts or higher courts?
Can you please explain the Binding & Persuasive Precedent & whether it is binding on lower courts or higher courts?
Sir Vijay plz explain this to me!!
Hi Hamza,
So when a judge makes a decision, he has to justify that decision and provide a reason (Ratio Decidendi). Rati Decidendi is the legal reason for a judges decision. It is this reasoning which must be followed by other judges in the future (binding).
Essentially “binding” means that the other judges must follow the law created by that judge but only if the judge is more senior e.g. Supreme Court binds all lower courts but not itself. If the decision was made by the Court of Appeal then that decision is binding on all lower courts and itself. If the decision is made by the High Court then that decision is binding on all lower courts and itself in the future.
Obiter Dicta- these are the hypothetical comments made by judges. These are not binding but instead “persuasive” which means that if a judge in the future wants to follow that law they can if they want to but they are not obliged to follow.
I hope this helps?
Kind regards,
Vijay
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