Binding precedent under Article 141 requires applying the ratio decidendi, not incidental factual findings. The law declared by the Supreme Court binds all courts through the ratio decidendi, meaning the legal principle applied to the facts, not incidental ... Summary
Binding precedent under Article 141 requires applying the ratio decidendi, not incidental factual findings.
The law declared by the Supreme Court binds all courts through the ratio decidendi, meaning the legal principle applied to the facts, not incidental factual findings or individualized sentencing conclusions. Only reasoned principles that address the legal issue in question constitute binding precedent; statements devoid of express reasoning or consideration of the issue do not constitute law declared.
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