CASTING OFF THE MOORING ROPES OF BINDING PRECEDENT

Authors

  • GORDON BALE

Abstract

This article begins by considering the perceived significance of Canadian and Australian announcements that Privy Council decisions are no longer binding. The author analyzes one case decided by each of the highest courts in Canada, Australia and England and expresses disappointment with the course taken in each. He hopes for better and more creative judicial law making in this newfound freedom.

Keywords:

Jurisprudence, Legal Precedent

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Published

1980-06-01

Issue

Section

Legal Commentary