What is the role of stare decisis and obiter dicta?
(b) What is the relationship between intermediate appellate courts in the Commonwealth of Australia? (c) What is a precedent in the judicial hierarchy in the Commonwealth of Australia? What is the role of stare decisis and obiter dicta? 2. The distinction between stare decisis and obiter dicta is fundamental. The former is the foundation of the common law’s process of reasoning and elucidation of what the law actually is. The actual ground of a decision determines the particular case and identifies the law or principle which applies not only for its resolution but for the resolution of other cases involving the same legal factual situation or relationship. In the hierarchy of Australian courts, technically, a court can only be bound by another court in circumstances where an appeal lies directly or indirectly from the former court’s decision to the higher court. Obviously, the High Court is at the apex of the nation’s judiciary and its decisions bind all Australian courts. 3. The expre
