Legal precedent, or stare decisis, is a foundational principle in common law systems where past judicial decisions guide future rulings. Explore how courts...
Legal precedent refers to a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. It is often referred to as 'stare decisis'.
It ensures consistency, predictability, and fairness in the application of law. By relying on past rulings, it provides stability, allows individuals to anticipate legal outcomes, and prevents arbitrary decision-making, thereby upholding the rule of law.
Binding precedent (mandatory authority) must be followed by lower courts within the same jurisdiction. Persuasive precedent (advisory authority) comes from different jurisdictions or lower courts and can influence a court's decision but is not mandatory.
Yes, legal precedent can be overturned, though it is rare. Higher courts can overturn their own precedents or those of lower courts if they find compelling reasons, such as changing societal norms, new legal interpretations, or constitutional concerns.