In the legal field, the term "ratio decidendi" refers to the reason or principle behind a judicial decision. This is the legal reasoning that forms the basis for the decision, and it is considered binding on lower courts within the same jurisdiction.
On the other hand, "obiter dicta" refers to statements made by the judge that are not necessary for the decision being made. These statements, also known as "dicta," are essentially the judge's personal opinions or observations and are not considered binding on other courts.
The distinction between ratio decidendi and obiter dicta is important because only the ratio decidendi is considered binding precedent. When a court makes a decision, it must provide a clear explanation of the legal principles that were applied in reaching that decision. These principles, or ratio decidendi, can then be used by other courts as a guide when deciding similar cases in the future.
However, judges may also make statements that are not directly related to the case at hand. These statements, while they may be interesting or insightful, do not form part of the legal reasoning behind the decision and are therefore not binding precedent.
It is important to distinguish between ratio decidendi and obiter dicta because it allows lawyers and judges to understand the full reasoning behind a judicial decision and to determine which parts of the decision are binding precedent. This helps to ensure that the legal system operates in a consistent and predictable manner, as lower courts are required to follow the precedent set by higher courts within their jurisdiction.
In summary, ratio decidendi refers to the legal reasoning behind a judicial decision and is considered binding precedent, while obiter dicta are non-binding statements made by the judge that are not necessary for the decision being made. Understanding the distinction between these two concepts is essential for anyone working in the legal field.
Ratio Decidendi and Obiter Dicta
Similar cases will be treated in the same way. Ratio Decidendi established the precedent for future instances. A precedent is purely constitutive and in no degree abrogative. It's so fundamental to our legal tradition, because it helps the courts to be more efficient, serving them as a guide, making law more stable and predictable. Distinguishing between ratio and obita is not always simple. In simple terms, a ratio is a ruling on a point of law. The main sources that will be covered are European Union law, legislation, common law and equity.
Ratio decidendi and obiter dicta Free Essays
Mahajan, Jurisprudence and the Legal theory Eastern Book Company, 5th edn. What is the ratio decidendi? It is based on real facts, unlike legislation. Pandey, Constitutional Law of India Central Law Agency, 40th edn. Thirdly, When the previous decision was given carelessly or recklessly Rickards v Rickards. The binding part of a judicial decision is the ratio decidendi.
The broken down into two parts, ratio decidendi
And sometimes it may be difficult to locate the ratio in some cases where the ratio and obiter are not explicitly separated, and on occasion, the courts have been unable to do so. THE COURT HIERARCHY THE EUROPEAN COURT OF JUSTICE Under s3 1 of the THE HOUSE OF LORDS This is the highest court in the land unless a matter of EC law is involved. The binding part of a THE COURT HIERARCHY THE EUROPEAN COURT OF JUSTICE Under s3 1 of the European Communities Act 1972, decisions of the ECJ are binding, in matters of Community law, on all courts up to and including the House of Lords. Such devices shall not be permitted to the High Court when decisions of the Supreme Court are referred to it, not only for the preceding case law but also for the imperatives of Article 141. It should have commented on the distinction between ratio decidendi and obiter dicta which are crucial to its operation. If this were not the case then the English Legal System would be in chaos and courts would be making up all sorts of decisions all the time and people would not be able to know what the actual law was.
