Ratio decidendi Quick reference
Guide to Latin in International Law (2 ed.)
...Ratio decidendi . ra´tēō dākēdān´dē . rā´šō desiden´dī. n . “Reason of the decision.” The legal basis or reasoning underlying a judicial or administrative decision, award, or judgment....
ratio decidendi Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
... decidendi The term, in widespread use in municipal legal systems, denotes the general reasons or grounds given for a judicial or arbitral decision. The importance of the ratio , especially in Anglo-American jurisdictions, lies in identifying what should constitute the precedent for future cases containing similar facts and circumstances. In its practice, the I.C.J. does not adopt a rigid system of precedent (indeed, in terms of art. 59 of its Statute, is precluded from doing so), and hence the distinction between the ratio decidendi of a case and obiter...
ratio decidendi Quick reference
A Dictionary of Law (10 ed.)
... decidendi [Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for reaching its decision, and the decision itself. It is said to be the statement of law applied to the material facts. Only the ratio of a case is binding on inferior courts, by reason of the doctrine of precedent...
ratio decidendi Quick reference
A Dictionary of Law Enforcement (2 ed.)
... decidendi [Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for reaching its decision, and the decision itself. It is said to be the statement of law applied to the material facts. Only the ratio of a case is binding on inferior courts, by reason of the doctrine of precedent...
Ratio decidendi Reference library
The Oxford Companion to the High Court of Australia
...a conglomerate’. In such cases, it seems better to say that there is no ratio decidendi at all. Tony Blackshield Further Reading Arthur Goodhart , ‘ Determining the Ratio Decidendi of a Case ’ (1930) 40 Yale Law Journal 161 Anthony Mason , ‘ The Use and Abuse of Precedent ’ (1988) 4 Australian Bar Review 93 George Paton and Geoffrey Sawer , ‘ Ratio Decidendi and Obiter Dictum in Appellate Courts ’ (1947) 63 Law Quarterly Review 461 Julius Stone , ‘ The Ratio of the Ratio Decidendi ’ (1959) 22 Modern LR ...
ratio decidendi Reference library
Australian Law Dictionary (3 ed.)
...ratio decidendi (Latin, reason for deciding) The proposition of law for which a case stands as authority. According to the doctrine of precedent, if a case cannot be distinguished from the precedent case, the ratio of the precedent case binds a lower court in the same hierarchy. The ratio is authoritatively determined by a court interpreting the precedent case. As formulated, it may often be expressed in the propositional form of If E1 + E2, then L , where the elements, E1 and E2 , are abstractions of the material facts and L is the legal...
ratio decidendi
binding precedent
distinguish
persuasiveness
precedent
reasons for judgment
Garcia v National Australia Bank
Concurring judgments
Kenneth Madison Hayne
Murray Gleeson
Judicial reasoning
