Stare Decisis in UK Law
- Planned Parenthood v Casey: The Role of Stare Decisis
- STARE DECISIS IN THE HOUSE OF LORDS
- Stare Decisis In The Court of Appeal
- Stare Decisis as Applied by the High Court to its Previous Decisions
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Durie v Gardiner: Public Libel Law and Stare Non Decisis
This note examines the controversial case of Durie v Gardiner, a recent decision of the Court of Appeal of New Zealand, which radically altered the nation's public libel jurisprudence. It argues th...
- Clarifying the Applicable Test for Dishonesty and Modifying Stare Decisis, but Otherwise a Missed Opportunity: R v Barton; R v Booth [2020] EWCA Crim 575
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‘Common law-ization of criminal law’? The evolution of nullum crimen sine lege and the forthcoming challenges
This article focuses on the cross-constitutional influences pursued by the European Court of Human Rights (ECtHR) case law which modify the Constitutional assets of the Italian legal order, reconsi...... ... categories to beshaped into the judicial lawmaking approach and the stare decisis doctrine.KeywordsCriminal law, principle of legality, common ... ...
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William O. Douglas and The Assault on Objectivity
William O. Douglas, venerated by some and reviled by others, was very much his own man, disdaining his colleagues on the bench and the work they produced. For him, the point of judging was simply t...... ... self evident, and legal norms and values, like objectivity and stare decisis, are ignored at a high cost. Nor, as it turns out, was his ... ...
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Koushal v Naz: Judges Vote to Recriminalise Homosexuality
In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising ‘carnal intercourse against the ord...... ... of unreasoned or poorly-reasoned judgments and a breakdown of stare decisis ... INTRODUCTION In December 2013 in the case of Suresh Kumar ... ...
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Domestic legal traditions and states’ human rights practices
Empirical analyses of domestic legal traditions in the social science literature demonstrate that common law states have better economic freedoms, stronger investor protection, more developed capit...... ... versarial tri al system, the relia nce on oral argumen tation, and stare decisis result in greater judicial inde pendence andprotection of ... ...
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