Obiter dictum
An obiter dictum is a judicial observation in a judgment that is not necessary for the resolution of the dispute. It has no binding precedential effect.
Obiter dictum, literally 'something said in passing', refers to remarks or legal observations made by a judge in a judgment that are not essential to the outcome of the case at hand. Such observations are to be distinguished from the ratio decidendi, the decisive legal rationale that is binding on lower courts.
The concept is significant in that obiter dicta afford insight into the court’s legal thinking, even though they do not establish formal precedents. In Dutch practice, such observations are regularly cited in subsequent proceedings to support legal argument or to illuminate the development of the law.
In practice, particularly in decisions of the Hoge Raad, obiter dicta may guide future interpretations without carrying binding legal force.
“The Supreme Court observed obiter dictum that the provision could in principle also apply to comparable cases outside the present dispute.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists