Search results for "precedente giudiziario inglese"

La rilevanza del fatto nella struttura del precedente giudiziario inglese

2013

The essay looks at how the so-called doctrine of judicial precedent in English law has come to a gradual development over the years. In truth, the elucidation of judicial precedents is essentially due to the contributions that legal doctrine and judicial decisions alike have been making since the 19th century’s reforms culminated in the 1873 – 1875 Judicature Acts. Since then, the notion of precedent started being the object of specific reflections. Alongside this process, it was perceived that there might be circumstances which might justify the courts in not following precedents. Among the circumstances that in a growing number of cases were used to obtain that result the evaluation of th…