Precedent

Stare Decisis

The precedent is based upon stare decisis, which means "Let the decision stand." According to some, the full statement of the principle, however, is stare rationibus decidendis, which translates into: "Let the reasoning of the decision stand." According to Webb and Holland, the precedents are not merely a comparative process of similarities and differences rather it embodies the art of interpretation; the art of putting forth the principle to be derived from each case. In a strict sense, which implies to the courts of Pakistan and England as well is that precedents are of binding nature. Hence, it provides precedents a great authority and doctrine of precedents is based on hierarchy of courts.

Obiter Dicta

Irrelevant remarks made by the judges for a case.
or
In Latin means "by the way".

 In a court opinion, obiter dicta include, but are not limited to, words "introduced by way of illustration, or analogy or argument.

Features of Obiter Dicta

1.      The judge will explain the ratio and how and why he reached his decision in this case.

2.      He may make speculative comments on how the decision might have differed if the facts of the case had been slightly different.

3.      He may discuss other pieces of law which may have been applied to this case and any general principles or cases that apply.

4.      In similar cases, obiter statements are clearly persuasive and do not need to be followed.

Debate of Obiter Dicta

The obiter dicta or simply dictum are merely persuasive authority to support one's opinion or whatever they address. Such as this, dicta have no binding authority that a court has absolutely to follow. They are persuasive statements or judicial observations only.  

Ratio Decidendi

The judge's reason for coming to a decision.

Features of Ratio Decidendi

1.      The most powerful tool for a lawyer if used in its authentic essence.

2.      The judge chooses the relevant law and applies this to particular facts of the case and is known as the application of law to fact.

3.      The ratio is binding and must be applied where the fact of the latter case are the same or sufficiently similar.

4.      In the Supreme Court and Courts of Appeal the cases are heard by more than one judge. Each judge may provide a separate judgment outlining the reasons for deciding the case. This could lead to a situation where there could be more than one ratio decidendi.

 

A judicial statement can be ratio decidendi only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are obiter dicta.