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binding precedent is basically a remnant of the common law that originated from the English judicial system, a system which is similarly adhered to by Australia. The concept of binding precedent is not as much compelling as its name implies...
doctrine of stare decisis, i.e., that the previous decisions of the uppermost court in the jurisdiction are binding on all other courts in the jurisdiction. Varying conditions, however, soon make the majority decisions inappropriate except ...
Statutory Interpretation: Denning LJ in Seaford Court Estates – v – Asher [1949] 2 KB 481 Identification of the ‘rules’ of statutory interpretation used by judges Statutory interpretation is essentially a personal matter. No rules can bind ...
Statutory interpretation is an exercise carried out by the courts, with the aid of rules and procedures that are intended to decipher ambiguous and vague legislation. It is in the interest of fairness and justice for a court to properly app...
statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legis...
Statutory strict liability offences include offences relating to the preparation of food, possessing unlawful weapons and drugs, and driving offences such as drink driving and speeding. Examples of common law strict liability offences inclu...
Statutory interpretation While legislators strive for clarity and precision when drafting legislation, the courts will often go to great lengths to determine the true meaning of a statute. Statutory interpretation is an exercise carried out...