Case Law Flashcards
What is meant by “ratio decidendi”?
the rationale behind the decision
What is meant by obiter dictum?
said in passing
Is the Supreme Court bound by its own previous decisions?
no
Which courts are bound by the decisions of the Privy Council?
None, but the decisions are persuasive.
What does s. 2 of the Human Rights Act state is the impact of decisions of the European Court of Human Rights on national courts?
In determining a question in relation to a Convention right (as defined in section 1) the courts must “take into account” the jurisprudence of the ECHR
How many judges does the supreme court have
12 full time
1966 Lord Chancellor’s Practice Statement - what did it do?
HoL was no longer bound by its own decision
What did the case of Young v Bristol Aeroplane Co 1946 decide?
the civil division of the Court of Appeal is bound by its own previous decisions (with four exceptions)
What are the four exceptions stated in Young v Bristol Aeroplane 1946?
- If a previous decision is made in ignorance of a relevant law
- If there are previous conflicting decisions
- If there is a HoL/SC decision that conflicts
- If a proposition of law was assumed to exist by an earlier court and was not subject to argument in court.
What does per incuriam mean?
previous decision was made in ignorance of a relevant aw/consideration
