Hey guys... I am experiencing problems of identifying ratio and obiter... Are there any tips to identify them correctly?
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English legal system watch
- Thread Starter
- 16-05-2013 09:43
- 17-05-2013 10:31
The ratio decidendi, is the reason for the decision, whilst the obiter dicta are 'things said by the way'. The ratio is binding and the obiter dicta is merely persuasive. If you want a more in depth discussion, you should research the debate between Goodhart, Montrose and Simpson.
They're academics that debated the best way to distinguish a ratio from an obiter dicta. Good luck!