Sub silentio is a legal Latin term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.
Examples
United Kingdom
On cross-claims for liquidated and unliquidated damages, Potter LJ stated in 2001 that
United States
References
External links
- "Precedents - Sub Silentio: The Lurking Problem" in "Note" [1954] 29 New York University Law Review 1122
- G W Paton, "Decisions per Incuriam" [1948-1950] 4 Res Judicatae 7
- Barry Friedman, "The Wages of Stealth Overruling (with Particular Attention to Miranda v. Arizona)" (2010) 99 Georgetown Law Journal 1 (No 1, November 2010)