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judicial doctrine

judicial doctrine

1 8.2
A rule made by courts to guide their decisions
  • noun
  • /dʒuˈdɪʃəl ˈdɒktrɪn/
  • Formal
translation icon : doctrina judicial
  • The judicial doctrine established that individuals have a right to a fair trial.

Examples

  • "Exhaustion of administrative remedies" is a judicial doctrine requiring that a person use available and adequate administrative remedies before resorting to an independent lawsuit.

    Academic text (2003)
  • It is not a coincidence that dual federalism reached its apogee during the Lochner era, when judicial doctrine was infused with a highly libertarian strain.

    Academic text (2016)
  • As Toobin makes clear from the other major decisions he examines, the Roberts Court does not practice the judicial doctrine its chief preaches.

    Blog text (3)
  • The judicial doctrine of "margin of appreciation," familiar in European Union law, permits sufficient national variance to promote tolerance of some measure of this kind of rights distinctiveness.

    Blog text (2)
  • While judicial doctrine appears at first glance to comport with the criminal-administrative distinction, existing case law, history, and structure all indicate that the liberty-property distinction is correct.

    Academic text (2017)
  • The early planners were unable to obtain the broad powers of condemnation that they sought, both because of political opposition in the legislatures and because of the judicial doctrine of "excess condemnation" and cramped definitions of the "public use" requirement.

    Academic text (2001)
  • Understanding the judicial doctrine is essential for any law student preparing for their exam.

  • The court relied on longstanding judicial doctrine to make its ruling on the case.

Synonyms

legal principle
vsjudicial doctrine
  • Formal
3 4.6

A basic rule that guides laws and judges

courts develop and apply it rather than it being a general rule of law
judicial principle
vsjudicial doctrine
  • Formal
7.4

A basic rule judges use when they make decisions in court

courts create and apply it rather than it being a general rule

How Established

fundamental law
  • Formal
1 5.6
accepted
1.3
judicial doctrine
  • Formal
1 8.2

Surface Forms

Morphology

judicial + doctrine

The phrase is compositionally transparent: 'doctrine' denotes a principle or taught belief and 'judicial' restricts that principle to the courts or judiciary, so the combined meaning ('a legal principle or rule developed by courts') is directly derivable. This adjective+noun pattern is common cross-linguistically and follows standard English semantics, so a B1 learner who knows both words should be able to infer the meaning.

Etymology

The term judicial doctrine comes from the idea of judges making a rule or teaching that other courts follow. Judicial means about judges and doctrine means a rule, and imagining a judge writing a rule that others follow helps explain why it means 'a legal rule created by courts and used to decide later cases'.