The doctrine of precedent in constitutional decision making
By: Dewani, Nisha Dhanraj
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Material type: 
BookPublisher: Kashmir Journal of Legal Studies Description: 9(1), 2022: p.113-124.Subject(s): Judicary, Constitution, Courts, Supreme Court, High Court, District courts, Courts judgments
In:
Kashmir Journal of Legal StudiesSummary: The judiciary is an indispensable organ of government, secured for the smooth functioning of our constitution. The judiciary decides on citizens' rights and obligations based on legislation, customs, along with center and state disputes.In furtherance of the justice, the judges refer to previous rulings and rely on previous interpretations of legal issues to conclude the trials. Precedents are occurrences or situations that can be used as a guideline for future circumstances. But the applicability of precedents depends upon the degree of persuasion that varies on the court issuing the ruling, the notion of stare decisis requires courts to uphold their decisions and not distraught the status quo.This article will cover the broad categories of precedent theory along with the issues like applicability and its extent taking into consideration the Supreme Court, High Court and District courts judgments. – Reproduced
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Articles
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Indian Institute of Public Administration | 9(1), 2022: p.113-124 | Available | AR126827 |
The judiciary is an indispensable organ of government, secured for the smooth functioning of our constitution. The judiciary decides on citizens' rights and obligations based on legislation, customs, along with center and state disputes.In furtherance of the justice, the judges refer to previous rulings and rely on previous interpretations of legal issues to conclude the trials. Precedents are occurrences or situations that can be used as a guideline for future circumstances. But the applicability of precedents depends upon the degree of persuasion that varies on the court issuing the ruling, the notion of stare decisis requires courts to uphold their decisions and not distraught the status quo.This article will cover the broad categories of precedent theory along with the issues like applicability and its extent taking into consideration the Supreme Court, High Court and District courts judgments. – Reproduced
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