Principle

JUDICIAL PRECEDENT — Ratio Decidendi — Distinction Between Ratio Decidendi and Obiter Dictum

Area of law
JUDICIAL PRECEDENT
Court
Supreme Court

This clarifies the distinction between ratio decidendi (binding reason for decision) and obiter dictum (passing remark not essential to decision). Obiter has persuasive but not binding force. However, repeated obiter statements from the Supreme Court over time can crystallize into binding ratio through judicial acceptance…

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