THE DYNAMIC MODEL OF THE JUDICIAL PROCESS AND THE RATIO DECIDENDI OF A CASE
AbstractIn this article the author argues that a static model of the judicial process, as compared to a dynamic model, is inappropriate. Through an examination of the concept of a binding ratio decidendi, the author illustrates how the static model is based on the sub-model of obedience, and how our legal system is better thought of as a system of open-textured rules as opposed to one consisting of closed rules. The author then argues that attempts to reconcile the sub-model of obedience with the dynamic model are destined to fail, and suggests that if properly understood, the doctrine of precedent is quite consistent with the dynamic model and thus, the dynamic model is the appropriate model of the judicial process.
Keywords:Jurisprudence, Legal Precedent
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