Skip to main content Accessibility help
Internet Explorer 11 is being discontinued by Microsoft in August 2021. If you have difficulties viewing the site on Internet Explorer 11 we recommend using a different browser such as Microsoft Edge, Google Chrome, Apple Safari or Mozilla Firefox.

Chapter 30: Use of precedent

Chapter 30: Use of precedent

pp. 464-477

Authors

, La Trobe University, Victoria, , University of Western Australia, Perth,
Resources available Unlock the full potential of this textbook with additional resources. There are Instructor restricted resources available for this textbook. Explore resources
  • Add bookmark
  • Cite
  • Share

Summary

[30.1] This chapter examines the use of binding and persuasive precedent in the interpretative task. Precedent here refers broadly to prior judicial decisions of courts on the meaning of particular legislative text, rather than precedent on the common law principles of statutory interpretation.The doctrine of precedent generally applies to statutory interpretation cases in the same way as it applies to common law cases. But there are some special considerations due to fundamental interpretative principles.

Keywords

  • Use of Precedent
  • judicial precedent
  • common law
  • doctrine of precedent
  • statutory text
  • prior ruling
  • binding
  • textual setting
  • contextual setting
  • factual setting
  • appellate court

About the book

Access options

Review the options below to login to check your access.

Purchase options

eTextbook
US$128.00
Paperback
US$128.00

Have an access code?

To redeem an access code, please log in with your personal login.

If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.

Also available to purchase from these educational ebook suppliers