Judicial Precedent

Understanding Judicial Precedent

• Definition - Judicial precedent, also known as case law or judge-made law, is a principle that dictates that previous court decisions should guide future court decisions. This means that a decision made in a case will set a standard, or a ‘precedent’, for future similar cases.
• Stare Decisis - This Latin term means ‘to stand by what has been decided’. It is the fundamental principle that courts should follow decisions from higher courts in the same hierarchy, which ensures consistency in decision-making.

Types of Precedent

• Binding Precedents - These are past decisions that must be followed by all lower courts in the future when the material facts of a case are similar. They originate from a decision made by a higher court.
• Persuasive Precedents - These are past decisions which may be considered relevant and could influence a decision, but the court is not obliged to follow them. Persuasive precedent often comes from lower courts, parallel courts or dissenting judgments.

Anatomy of a Court Decision

• Ratio Decidendi - This is the principle of law on which a decision is based. The ratio decidendi forms the binding part of a judicial precedent.
• Obiter Dictum - These are statements made by the judge in the course of a legal judgement that are not necessary for the decision. They may be considered as persuasive precedents in future cases.

Advantages and Disadvantages of Judicial Precedent

• Legal Certainty - Due to established precedents, individuals can have a certain degree of predictability and security about the legal ramifications of their actions.
• Consistency and Fairness - Cases with similar circumstances should have similar outcomes, promoting a sense of equality.
• Case Efficiency - Existing precedents can reduce the time required to reach a judgement.
• Inflexible - Rigidity in adhering to past decisions can lead to outdated or unjust laws persisting.
• Complexity - Finding and understanding relevant precedents to a case can be complex due to changing terminology and evolving societal norms.

Impact on the Legal System

• Legal Evolution - Despite its potential inflexibility, judicial precedent promotes the evolution of law, as judges interpret and apply laws to changing societal circumstances.
• Legal Training - An understanding of judicial precedent is essential in legal professions, forming a significant part of legal education.
• Court Hierarchy Importance - The concept of judicial precedent underscores the importance of the court hierarchy, where decisions of higher courts become binding precedents for lower courts.