Ratio decidendi (also known simply as "ratio") refers to the "principle governing decision" and is a common law foundation that demonstrates the reason behind a case. This article provides a brief explanation to understand its purpose.
Steps
Step 1. Understand the concept of precedent
The precedent refers to something that has happened, or has been done in the past, which serves as a model for future conduct. In the case of the ratio decidendi, the precedent is the principle or reasoning that has been established in a single case, which serves as an example or rule to follow in subsequent ones.
Step 2. Understand the concept of stare decisis
Stare decisis literally means "to stick to the decision". This means that legal certainty requires that the legal principles established in the previous cases must be followed (as a general principle) provided that the material facts are the same.
Step 3. Understand the ratio decidendi in terms of precedent
In essence, it is the principle of law on which the decision of a case is based.
This part of the decision is binding on the lower courts or the court having decision-making power in future cases
Step 4. Note that the ratio decidendi can be expressed in a broad or narrow sense
- In a broad sense, it establishes a general principle that can be applied to a variety of factual situations.
- Strictly speaking, it is limited more to the specificity of the facts in the event that it is invoked.
Advice
- Modern law on negligence was established from the single decision made in 1932 (Donoghue v Stevenson [1932] AC 562) and has evolved dramatically thereafter. This goes to show that rationale can be a very flexible tool in the development of law.
- The other meaning of precedent in law refers to a model of document or clause on which a lawyer bases the drafting of clauses, contracts, agreements, etc.
