I'd like you to literally point our how and where. I literally quoted stare decisis and explained that common Law is literally the binding nature of previous cases, at least the Ratio Decendi is.
With respect,
without prejudice and strictly
sub judice, I must object
in limine to both the form and substance of your submission, which appears to proceed
per incuriam and with reckless abandon for the doctrines it purports to invoke.
You demand that he “literally point out how and where,” yet having already
ipse dixit quoted
stare decisis and
inter alia paraphrased the binding force of the
ratio decidendi, you now seek further particularisation as though this were a pleading requiring
strictissimi juris compliance. That position is, frankly,
non sequitur.
The common law,
ex hypothesi, operates ex
post facto through precedent, not by vibes, interpretive vibes notwithstanding. To suggest otherwise would be
contra bonos mores,
ultra vires, and arguably
res ipsa loquitur in its own absurdity. The
ratio binds; the
obiter flirts; the court follows unless
distinguendum est or the precedent is manifestly wrong. This is not controversial—this is
black-letter law, ab initio, ipso facto, QED.
Accordingly, your request for further elucidation is dismissed summarily,
de minimis, and
mutatis mutandis on the basis that the point has already been established on the
balance of probabilities, beyond reasonable doubt, and possibly even
beyond all known jurisprudence.
Costs to follow.