A legal doctrine is a framework, set of rules, procedural
steps, or test
, often established through precedent
in the common law
, through which judgments can be determined in a given legal case
. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases
. When enough judges make use of the process, it may become established as the '' de facto
'' method of deciding like situations.
Examples of legal doctrines include:
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economi ...
Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs.
They play an important role in all aspects of cognition. As such, concepts are studied by se ...
* Rule according to higher law
* Legal fiction
* Legal precedent
* '' Ex aequo et bono
*Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020)
* Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?
" '' Northwestern University Law Review
'', Vol. 100:1, 2006.