Monday, July 13, 2020

Ratio Decidendi

These are the principles derived from a particular case, which undermine any judicial decision. They act as guidelines for future similar cases. The judge has been given the right to decide upon the ratio decidendi and to apply it on any case.
According to Goodhart, it is nothing more than the decision based on the material facts of the case.
It involves the holding of a particular case which is given varying degree of merits.

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