The portion of previous judgemnet that is binding is called the “Ration Decidendi”.
Explanation:
Each judge in respected case gives his judgement, whereas not every part of the judgement acts as a Judicial Precedent.
Hence, it is pertinent to note that, a Judge who is using a case as a precedent, should be able to recognise that part of the previous judgement which is binding upon him.
SHADES of MEANING:
FIRST: Translation – reason for deciding
SECOND: Rule of Law preferred by the Judge as the basis of his decision
THIRD: The Rule of Law which other regard as being of binding authority.