| 词汇 | example_english_doctrine-of-precedent |
| 释义 | doctrine of precedentcollocation in Englishmeanings of doctrineand precedentThese words are often used together. Click on the links below to explore the meanings. Or, see other collocations with precedent. doctrine noun[C or U] uk /ˈdɒk.trɪn/ us /ˈdɑːk.trɪn/ a belief or set of beliefs, especially political or religious ones, that are taught and accepted by a ... See more at doctrine precedent noun uk /ˈpres.ɪ.dənt/ us /ˈpres.ə.dent/ an action, situation, or decision that has already happened and can be used as a reason why a similar action or decision should be performed ... See more at precedent Examples of doctrine of precedentThese examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. What the doctrineofprecedent is seeking to achieve, then, is a subtle counterpoise to the erosion of consensus. The way that the doctrineofprecedent operates in the common law, then, is difficult to square with the virtues normally associated with rulebased decision-making. As this ancient view dissolved, the modern doctrineofprecedent emerged. The fundamental requirement of the doctrineofprecedent, as we have seen, is to treat earlier cases as correctly decided. On the contrary: the doctrineofprecedent operates without giving the courts lawmaking power. The desirability of this is manifest in the fact that in most federal systems, the doctrineofprecedent is not applied horizontally. Instead, the common law is a form of case-by-case decision-making, and the doctrineofprecedent constrains this decision-making by requiring later courts to treat earlier cases as correctly decided. The fundamental requirement of the common-law doctrineofprecedent, it will be recalled, is that earlier decisions must be treated as correctly decided on their facts. Although some points are raised on the nature of statutory interpretation, my interest is in the operation of the doctrineofprecedent in the common law. Appreciating how to distinguish, how to see the relevance of the facts in the earlier case, is integral to understanding how the doctrineofprecedent works. Once this perspective is taken on the doctrineofprecedent, a range of features of the common law make much more sense than they otherwise would. I am not sure that the doctrineofprecedent should apply in cases of tribunals. From the Hansard archive Example from the Hansard archive. Contains Parliamentary information licensed under the Open Parliament Licence v3.0 We are governed to an excessive extent by the doctrineofprecedent. From the Hansard archive Example from the Hansard archive. Contains Parliamentary information licensed under the Open Parliament Licence v3.0 Furthermore, there is no doctrineofprecedent. From the Hansard archive Example from the Hansard archive. Contains Parliamentary information licensed under the Open Parliament Licence v3.0 But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrineofprecedent. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Magistrates are constrained in their ability to develop crimes at common law by virtue of the doctrineofprecedent. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. This argument relies on the doctrineofprecedent; it assumes that the instant case will be decided the same way as was the nearest case. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. The doctrineofprecedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. Want to learn more? Go to the definition of doctrine Go to the definition of precedent See other collocations with precedent |
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