A Comparative Perspective on Obiter dicta: from persuasive authority to seriously considered dicta

This paper addresses the use of “obiter dicta” in Australia and Italy, at first, two specimensof common law and civil lawtraditions. However, both countries have variations on their tradition –Italy with the maxim and recent judicial discussion of the value of obiter dictain certain cases, and Australia witha direction from the High Court of Australia to lower courts to follow its “seriously considered” obiter dictaand to intermediate appellate courts to follow each other unless they are “plainly wrong”. Both these moves show the complex nature of the legal process and the intricacies of persuasiveness across the jurisdictions.

Publication Details

Journal
Research Padua Archive (University of Padua)
Published
2025-01-01
Primary Topic
Legal principles and applications
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article
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article

A Comparative Perspective on Obiter dicta: from persuasive authority to seriously considered dicta

Research Padua Archive (University of Padua)
Legal principles and applications
article

A Comparative Perspective on Obiter dicta: from persuasive authority to seriously considered dicta

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Abstract

This paper addresses the use of “obiter dicta” in Australia and Italy, at first, two specimensof common law and civil lawtraditions. However, both countries have variations on their tradition –Italy with the maxim and recent judicial discussion of the value of obiter dictain certain cases, and Australia witha direction from the High Court of Australia to lower courts to follow its “seriously considered” obiter dictaand to intermediate appellate courts to follow each other unless they are “plainly wrong”. Both these moves show the complex nature of the legal process and the intricacies of persuasiveness across the jurisdictions.

Research Padua Archive (University of Padua)
Peace, Justice and strong institutions
Openalex Percentile: Top 34%
Legal principles and applications
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A Comparative Perspective on Obiter dicta: from persuasive authority to seriously considered dicta · Research Padua Archive (University of Padua) (2025) | TGRS Research Map | TGRS