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judicial comity


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The principle that, out of deference and respect, the courts in one state or jurisdiction will give effect to the laws and judicial decisions of another. This rule also applies between different courts in the High Court of Judicature. Thus, a judge for example, of the Queen's Bench Division is not bound to follow a judgment of his brother judge in the Chancery Division. They are on the same level in the judicial hierarchy. However, unless he believes the other judge to have been wrongheaded in the judgment that he earlier made, judicial comity compels him to respect and follow that decision. Case: AG v Jonathan Cape [1976] QB 753, 769 F-G (Lord Widgery CJ).

Subjects: Law.


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