Distinguish between 'Ratio Decidendi' and 'Obiter Dicta' in a judgment by a Court.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Distinguish between 'Ratio Decidendi' and 'Obiter Dicta' in a judgment by a Court.
Answer & Explanation:
The underlying principle of a judicial decision, which is only authoritative, is termed as ratio decidendi . The proposition of law which is necessary for the decision or could be extracted from the decision constitutes the ratio. The concrete decision is binding between the parties to it. The abstract ratio decidendi alone has the force of law as regards the world at large. In other words, the authority of a decision as a precedent lies in its ratio decidendi. The literal meaning of Obiter Dicta is "said by the way". The expression is used especially to denote those judicial utterances in the course of delivering a judgement which taken by themselves, were not strictly necessary for the decision of the particular issue raised. These statements thus go beyond the requirement of a particular case and have the force of persuasive precedents only.
Topics: Jurisprudence
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