What are Precedents and Precedents as a Source of Law
What are Precedents?
Precedent means a legal decision or judgment made by a court that serves as an example or rule for deciding similar future cases.
In other words, precedent is past judicial decisions that guide courts in later cases with similar facts or issues.
Why are Precedents Important?
They ensure consistency and predictability in law.
Help courts avoid arbitrary or contradictory judgments.
Save time by providing a rule already tested.
Maintain fairness by treating similar cases alike.
Types of Precedents
Binding Precedent (Mandatory Precedent):
A decision from a higher court that must be followed by lower courts in the same jurisdiction.
Persuasive Precedent:
A decision from another court (maybe in a different jurisdiction or a lower court) that courts may consider but are not obliged to follow.
Precedents as a Source of Law
Courts create law when they interpret statutes or develop principles through their judgments.
This judge-made law based on precedents is called common law.
Precedents fill gaps where no specific statute exists or clarify ambiguous laws.
They evolve gradually, adapting the law to new situations.
Case Law Illustrations
1. Donoghue v. Stevenson (Famous Tort Law Case)
Facts: A woman became ill after drinking ginger beer containing a snail.
Issue: Was the manufacturer liable for her illness?
Decision: The court established the principle of “duty of care” — a landmark precedent.
Importance: This precedent has since been followed in countless negligence cases worldwide.
2. Kesavananda Bharati v. State of Kerala
Facts: Questioned if Parliament can amend the basic structure of the Constitution.
Decision: Supreme Court ruled Parliament cannot alter the basic structure.
Importance: This precedent is binding and has shaped constitutional law forever.
How Courts Follow Precedents
Lower courts must follow binding precedents from higher courts.
If they don’t, their judgment may be overturned on appeal.
Courts sometimes distinguish facts to avoid following a precedent that doesn’t perfectly fit.
Courts may overrule or modify old precedents if circumstances or societal values change.
Summary:
Precedents are past judicial decisions guiding future cases.
They ensure uniformity, fairness, and development of law.
Precedents create judge-made law, which is a crucial source of law.
Binding precedents must be followed; persuasive precedents may influence.
Landmark cases like Donoghue v. Stevenson show how precedents shape the law.
RELATED Blog
0 comments