What is the role of morality and justice in the application of binding precedent?

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of judges in the common law. 20 Michele Taruffo & Massimo La Torre, Precedent in Italy, in INTERPRETING. PRECEDENTS: A COMPARATIVE STUDY 131 (D ... 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. Feb 13, 2012 ... Lost in Translation: Oral Advocacy in a Land Without Binding Precedent · Sabrina DeFabritiis · Do you have a job opening that you would like to ... Jan 10, 2025 ... Whether the Supreme Court could employ its supervisory power to impose a binding, vertical precedent about horizontal precedent is another ... 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 reports of panels and the Appellate Body are not binding precedents for other disputes between the same parties on other matters or different parties on ... Sep 12, 2019 ... ... binding precedent. In the view of the United States, the approach taken by the Appellate Body strays from the mandates of WTO dispute ... The rules require that in certain circumstances a decision be followed whether the second court approves of the precedent or not. Thus in Re Schweppes Ltd's ... 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 ... Binding precedent is a legal rule or principle, articulated by an appellate court , that must be followed by lower courts within its jurisdiction . Essentially, ...
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