What is the concept of judicial creativity within a system of binding precedent?

Jan 12, 2021 ... ... binding rules; the facts in a particular case may be so atypical as to counsel against creating binding precedent for all later cases; or ... Binding precedent is “[a] precedent that the court must follow,” while persuasive precedent is “[a] precedent that a court may either follow or reject, but ... ... precedent without a formal stare decisis rule. In theory the AB has a rule against binding precedent. Based on empirical evidence, however, this Article ... Aug 13, 2020 ... was not a binding precedent at all.6 The three dissenting Justices were aghast at Justice Gorsuch's suggestion that a plurality decision ... Apr 20, 2023 ... First, it is argued that judges of higher courts engage in important creative activity when they interpret the law, so that we can speak of ... May 1, 2024 ... A Common Law for the Age of Amici: How the Party-Presentation Principle Can Help Identify Binding Precedent. David S. Coale. Partner, Lynn ... The modern doctrine of the binding force of judicial precedent only ... As well as the binding precedent discussed above, there is also persuasive ... Aug 12, 2019 ... A precedent, in the English Law System, is a previous court decision which another court is bound to follow, by deciding a subsequent case in the same way. These decisions do not bind the court to a particular interpretation of the law, nor do they make law. In fact, in some jurisdictions employing a version of. Aug 9, 2022 ... Hence, the defining principle of common law is precedents, which is the requirement that judges must follow binding legal decisions of prior ...