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The Binding Nature of Legal Precedents by Edgar Carpio Marcos is a document available to read on EtoBox.

While precedents are formally binding in common law countries, they are not formally binding in civil law or continental legal systems. However, precedents are still regularly followed in practice in continental courts. Precedents set by highest courts in some continental systems, like constitutional courts, are considered formally binding on lower courts. But ordinary precedents set by high courts in countries like Germany, Poland, and Spain are not formally binding—they have normative force and provide gu

Author

Edgar Carpio Marcos

Language

EN