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A holding is the court’s full reply to a problem that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future circumstances. In each case (the general rule and its exception), the common-law tradition requires the courtroom to clarify the reasons for its ruling. In the case of the overall rule, “freedom of selection” might be the main purpose.
In the UK the higher house is appointed by the government as a house of review. One criticism of bicameral systems with two elected chambers is that the upper and lower homes may simply mirror one another. The traditional justification of bicameralism is … Read More