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Stare decisis and ratio decidendi

Ali Mohamed, Ashgar Ali (2020) Stare decisis and ratio decidendi. In: Malaysian Legal System. CLJ Publication, Ampang, Selangor, pp. 513-590. ISBN 9789674571498

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Abstract

The maxim stare decisis et non quieta movere literally means ‘to stand by the decision, and not to disturb the settled matters’ i.e. to stick with what has been decided or the like cases should be decided alike. The commonly used term is the doctrine of stare decisis or the rule of judicial precedent which dictates that it is necessary for each lower tier to accept loyally the decision of the higher tiers. Thus, a court other than the highest court is obliged generally to follow the decision of the court at a higher or the same level in the court structure subject to certain exceptions. The application of the doctrine from a higher court to a lower court is called the vertical stare decisis

Item Type: Book Chapter
Additional Information: 292/81459
Uncontrolled Keywords: Stare decisis, Ratio decidendi
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Ashgar Ali Ali Mohamed
Date Deposited: 09 Jul 2020 11:24
Last Modified: 09 Jul 2020 11:24
URI: http://irep.iium.edu.my/id/eprint/81459

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