Use proper referencing and citation;
📚 Proper Referencing and Citation in Legal Writing
🔹 Importance of Proper Referencing and Citation
In legal writing, accurate citation serves multiple purposes:
Credibility: Shows reliance on authoritative sources.
Traceability: Allows readers to locate original judgments or statutes.
Avoids Plagiarism: Acknowledges the original authors/judgments.
Legal Precision: Law is precedent-driven; correct citation ensures clarity on which case or statute is referred to.
Professionalism: Essential for academic, judicial, and professional legal documents.
🔹 Basic Principles of Legal Citation
Case Name: Italicize or underline (depending on style).
Year of Decision: In parentheses, either square [ ] or round ( ), depending on jurisdiction and citation guide.
Volume Number: For law reports.
Report Abbreviation: Standard abbreviation of the law report series.
Page Number: Starting page of the case.
Court: Abbreviated court name (optional or necessary based on jurisdiction and report).
Pinpoint Citation: Specific page or paragraph referenced.
Example Citation Formats
| Jurisdiction | Example (Neutral Citation Style) | Example (Law Report Style) |
|---|---|---|
| India (Supreme Court) | Kesavananda Bharati v State of Kerala, (1973) 4 SCC 225 | Kesavananda Bharati Sripadagalvaru v State of Kerala, AIR 1973 SC 1461 |
| UK (House of Lords / Supreme Court) | Donoghue v Stevenson [1932] AC 562 | Donoghue v Stevenson [1932] UKHL 100 |
| US (Supreme Court) | Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803) | Marbury v Madison, 5 U.S. 137 (1803) |
⚖️ Case Law Analysis with Proper Referencing
1. Donoghue v Stevenson [1932] AC 562 (HL)
Facts:
Mrs. Donoghue found a decomposed snail in a bottle of ginger beer, causing illness. She sued the manufacturer even though there was no contract between them.
Issue:
Whether a manufacturer owes a duty of care to an ultimate consumer.
Held:
The House of Lords established the neighbour principle, that manufacturers owe a duty of care to consumers.
Ratio Decidendi:
A duty of care arises when harm is foreseeable to a "neighbor," laying the foundation for modern negligence law.
Citation:
Donoghue v Stevenson [1932] AC 562 (HL).
2. Kesavananda Bharati Sripadagalvaru v State of Kerala, AIR 1973 SC 1461
Facts:
The petitioner challenged constitutional amendments restricting fundamental rights.
Issue:
Does Parliament have unlimited power to amend the Constitution?
Held:
The Supreme Court held that Parliament cannot alter the basic structure of the Constitution.
Ratio:
The Basic Structure Doctrine restricts constitutional amendments that destroy essential features.
Citation:
Kesavananda Bharati Sripadagalvaru v State of Kerala, AIR 1973 SC 1461.
3. Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803)
Facts:
William Marbury sued to compel delivery of his judicial commission.
Issue:
Whether the Supreme Court could issue writs of mandamus under the Judiciary Act of 1789.
Held:
The Court ruled it lacked jurisdiction to issue the writ, establishing judicial review.
Ratio:
The Supreme Court can declare laws unconstitutional.
Citation:
Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803).
4. Maneka Gandhi v Union of India, AIR 1978 SC 597
Facts:
Maneka Gandhi's passport was impounded without hearing.
Issue:
Whether the procedure for depriving personal liberty must be "just, fair and reasonable."
Held:
Procedural fairness is part of Article 21's "due process."
Ratio:
The procedure established by law must be fair, expanding fundamental rights protections.
Citation:
Maneka Gandhi v Union of India, AIR 1978 SC 597.
5. Minerva Mills Ltd v Union of India, AIR 1980 SC 1789
Facts:
The validity of the 42nd Amendment restricting judicial review was challenged.
Issue:
Whether constitutional amendments can override the Basic Structure doctrine.
Held:
The amendment was unconstitutional as it destroyed the balance between fundamental rights and directive principles.
Ratio:
The Basic Structure doctrine prevails over parliamentary amendments.
Citation:
Minerva Mills Ltd v Union of India, AIR 1980 SC 1789.
📝 Summary Table
| Case Name & Citation | Year | Court | Legal Principle |
|---|---|---|---|
| Donoghue v Stevenson [1932] AC 562 (HL) | 1932 | House of Lords | Duty of care in negligence |
| Kesavananda Bharati Sripadagalvaru v State of Kerala, AIR 1973 SC 1461 | 1973 | SC India | Basic Structure doctrine |
| Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803) | 1803 | US Supreme Court | Judicial review |
| Maneka Gandhi v Union of India, AIR 1978 SC 597 | 1978 | SC India | Due process in Article 21 |
| Minerva Mills Ltd v Union of India, AIR 1980 SC 1789 | 1980 | SC India | Limits on constitutional amendment |
✅ Best Practices for Referencing in Legal Writing
Use official reporters or neutral citations.
Italicize or underline case names.
Include full year and court.
Use pinpoint citations when referring to specific pages or paragraphs.
Follow the citation style relevant to your jurisdiction or institution (e.g., Bluebook, AGLC, OSCOLA).
Consistency is key throughout the document.
RELATED Blog
0 comments