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What is now known as the Shawcross principle was the subject of debate in the UK Parliament on 29 January 1951. [3] In a lengthy defence of his conduct regarding an illegal strike, Attorney General Hartley Shawcross cited hundreds of years of precedent as to the firm foundation of his actions. The principle (or doctrine) states:
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
While courts invoked the principle previously, it was Jabez Gridley Sutherland, a noted attorney, legislator, judge and politician, who in 1891 in his influential treatise stated, “Relative and qualifying words and phrases, grammatically and legally, where no contrary intention appears, refer solely to the last antecedent.” J. Sutherland ...
Section 319 of the Bipartisan Campaign Reform Act of 2002 is unconstitutional because it violates the Free Speech Clause of the First Amendment. Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) Limits on corporate and union political expenditures during election cycles violate the Free Speech Clause of the First Amendment ...
Pages in category "Legal doctrines and principles" The following 200 pages are in this category, out of approximately 315 total. This list may not reflect recent changes .
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.