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Guidance - hopefully not a stupid question... Stare decisis

  • 28-03-2011 12:53pm
    #1
    Heads the ball
    Registered Users, Registered Users 2 Posts: 331 ✭✭


    Hi All

    I need to prepare submissions for a moot.

    I need to know if the concept of stare decisis applies to the Supreme Court when considering a case with European issues/jurisdiction.

    I am aware that appeals can be made to the ECJ on certain matters but do those decisions actually bind the IRISH SC in future.

    In other words, Lets say the ECJ rules "X" on case 1. Now case 2 comes before the Irish SC. Case 2 has similar facts to case 1.

    Must the SC rule "X" in case 2, or can they rule "Y" even if that means it will be overturned by ECJ?

    Any cases you can point me to would also be appreciated...


Comments

  • #2
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    The Acte Claire doctrine applies, not stare decisis. Stare decisis is a common law concept. The EU does not work on common law.


  • #3
    Heads the ball
    Registered Users, Registered Users 2 Posts: 331 ✭✭Heads the ball


    Thanks for this.

    Can you point me towards any relevant cases?


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