judicial precedent


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Related to judicial precedent: common law, Ratio decidendi, Statutory interpretation
See: authority, documentation

judicial precedent

see PRECEDENT.
References in periodicals archive ?
There is also judicial precedent in support of this point of view, which will now be reviewed.
Reid, Jr., Judicial Precedent in the Late Eighteenth and Early Nineteenth Centuries." A Commentary on Chancellor Kent's Commentaries, 5 AVE MARIA L.
In addition, she said, "the federal preemption standards that form the basis of our regulations are so well developed, and have been so consistently applied by the federal courts over time in an extensive body of judicial precedent, that exclusive reliance on a case-by-case approach is no longer warranted."
In the absence of judicial precedent and empirical research, private entities cannot assume that they will be able to operate publicly funded programs without surrendering some of their autonomy.
Any judicial precedent is therefore merely tangential at best, we thought.
Nothing in the text, history or structure of the Constitution, in judicial precedent interpreting it, or in customary practice supports the conclusion that the Constitution itself prescribes a judicial policy of stare decisis having any determinate or readily identifiable content.
Citing judicial precedent, the Court indicated that, "[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.
Likewise, this stimulating and welcome study of France a century later depicts a conflict between the products of legislation and judicial precedent on the one hand, and the popular construction of the law on the other.
Further, Epstein questions (with examples) the courts' expansion of law when the applicable legislative language or history, or judicial precedent provides only a tenuous justification for doing so.
We officials cannot wait for the glacial evolution of the judicial precedent, we have to lead it.
They promote judicial independence; they may spark changes in the law be it legislative or in judicial precedent; and they generally provide a diverse view on what the law should be,' he said.
By interpreting Article 17 in light of Articles 2A (ObjecAtives ResoluAtion), 62, 63 and 63A and the general scheme of the Constitution, the court may have gone beyond settled judicial precedent. Previously, in the Imrana Tiwana case, the bench ruled that the Objectives Resolution cannot be used to strike down legislation.