Constitutional Law Cases

Case Law

In general, the higuest courts have broad discretion in using the case law process (which is a source of discipline for the judges) when deciding.

According to “Supreme Court A-Z. A ready reference encyclopedia” (Kenneth Jost), “courts are only required to follow the central “holding” of a case —the rule of law that was necessary for the decision. Other statements, called dicta, are viewed as not binding.” This is the method followed by the United States Supreme Court, for example.

Constitutional courts rely, in a variety of degrees, in precedents (citation of previous cases). When applying a precedent as legal authority for the ruling, the judge who draft the sentence in the Court should explain and justify the draft sentence to obtain the support of the other judges (justices in the United States).

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