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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.
James Webb, Director of the Bureau of the Budget (1946-1949), attributes the Doctrine of Completed Staff Work to President Harry S. Truman. [3] However, a memo written and circulated by Brigadier General George A. Rehm, executive officer for the G-3, Operations section, attributes the policy to General MacArthur 's headquarters in the Southwest ...
Tweddle v Atkinson [1861] EWHC J57 (QB), (1861) 1 B&S 393 is an English contract law case concerning the principle of privity of contract and consideration.Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be ...
Both Scalia and Thomas occasionally joined Court opinions that mention the doctrine and, in their dissents, often argued over how substantive due process should be employed based on Court precedent. Many non-originalists, like Justice Byron White, have also been critical of substantive due process. As propounded in his dissents in Moore v.
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 .