What are the limits to the binding force of precedent when it conflicts with the principle of proportionality?

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... Binding Precedent Agreements for Major Pipeline Project to Deliver New Natural Gas Supplies Into New Jersey and New York Area. Press Release. Printer Friendly ... Apr 10, 2024 ... Although Binding Precedent 10 was issued by the Supreme Court more than 15 years ago, there are still judges who fail to observe it and lawyers ... Feb 13, 2025 ... Understanding binding precedent through an example. Imagine a state supreme court rules that non-compete clauses in employment contracts are ... Former Fifth Circuit cases decided on or before September 30, 1981, are binding precedent in the Eleventh Circuit unless they have been overruled by the ... Apr 30, 2020 ... Courts are bound by the past decisions of courts of the same level. So for example the Court of Appeal is bound to follow earlier decisions of ... May 28, 2021 ... Supreme Court sets binding precedent in ERO Salt Lake City prosecution case. The U.S. Supreme Court rejected an appeals court's ruling May 24, ... Unlike a merely per- suasive proposition, a binding proposition requires a judge to show some- thing more than disagreement in order to justify departing from ... Aug 18, 2024 ... This doctrine establishes a hierarchical structure of courts wherein decisions rendered by higher courts are binding upon lower courts, ensuring consistency ... The doctrine of precedent is the fundamental basis of the law applied by the judiciary, which specifies that a court should apply the rulings of previous cases. (impermissibly) treated as binding “precedent.” Page 15. 7. 5. The Appellate Body wrongly claims that its reports are entitled to be treated as binding.
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