JSB171 Lecture Notes - Lecture 2: Land Law, Responsible Government, Australian Law Reform Commission
Document Summary
Introduction to the australian legal and governmental system. The ratio decidendi (latin for reason for deciding") of the case is the part that binds later courts. Essentially, it is the reason for which a judge may make a decision in a case often based on previous cases which are similar. Ratio decidendi is generally binding upon lower courts and essentially means that lower courts must respect the decisions and precedents made by higher courts, and follow them as often as possible. This is based on the legal principle stare decisis (derived from latin maxim meaning to stand by decisions and not disturb the undisturbed"). In a legal context, this is understood to mean that courts should endeavour not to disturb settled matters and to abide by precedents. In this sense, it is dissimilar to ratio decidendi which provides a basis for making decisions within the court.
