One of the fundamental principles of common law systems is the principle of precedent. This principle refers to the role of previous court decisions in shaping the legal system and providing guidance for future cases. Precedent plays a crucial role in ensuring consistency, predictability, and fairness in the legal system. In this article, we will explore the importance and application of precedent in the legal system, along with some practical examples.
What is precedent?
Precedent, in simple terms, is a legal decision made by a higher court that is binding on lower courts in similar cases. This means that when a case is brought before a court, the judge must consider the rulings made in previous similar cases and apply them in the current case. This creates a hierarchy of decisions, with the highest court’s rulings being the most authoritative and binding on lower courts.
The doctrine of precedent is based on the notion of stare decisis, which means “to stand by things decided”. This ensures that like cases are treated alike, and the law is consistently applied. It also prevents judges from making arbitrary decisions based on personal preferences, ensuring fairness and impartiality in the legal system.
How precedent is established?
Precedent is established when a higher court makes a decision on a legal issue that is relevant to a current case. The reasoning and principles applied in that decision then become binding on all lower courts in future cases addressing the same legal issue. Thus, precedent is formed gradually and incrementally as more cases are decided and more principles are established.
The hierarchy of precedent
In common law systems, the hierarchy of precedent refers to the system of ranking the courts according to their level of authority. The highest court in the hierarchy is usually the country’s supreme court, followed by appellate courts, trial courts, and finally, specialized courts. The decisions made by higher courts have more weight and are more authoritative, while lower courts are bound to follow their rulings.
The importance of precedent in the legal system
Precedent has several important roles in the legal system. Let’s explore some of them in detail.
1. Consistency and predictability
One of the primary functions of precedent is to ensure consistency and predictability in the legal system. It allows individuals and businesses to understand the law and make decisions based on their knowledge of how previous cases were decided. This creates a level playing field and promotes fairness in the legal system.
2. Efficient use of resources
The doctrine of precedent also helps in the efficient use of resources in the legal system. As lower courts are bound to follow the rulings of higher courts, it prevents the repetition of the same legal arguments and saves time and resources. This is especially crucial in complex and high-profile cases where multiple parties may be involved.
3. Evolution of the law
Precedent also plays a significant role in the evolution of the law over time. As more cases are decided, new legal principles and interpretations are established, shaping the law and keeping it relevant to the changing societal and technological landscape.
Practical examples of precedent in action
1. The case of Plessy v. Ferguson (1896)
In this famous case, the US Supreme Court ruled that segregation was constitutional as long as the segregated facilities were “separate but equal”. This decision became a precedent and was followed for over 50 years until it was overturned by the landmark case Brown v. Board of Education in 1954. This shows how precedent can be changed and evolved through subsequent decisions.
2. Common law versus civil law systems
In countries with common law systems, precedent has a higher level of authority and plays a more significant role in decision-making than in civil law systems. For example, in the United States, the Supreme Court’s rulings are binding on all lower courts, while in civil law systems, only decisions of the highest court may be considered.
In conclusion, precedent is a vital part of the legal system, ensuring consistency, predictability, and fairness. It also allows for the evolution of the law over time while promoting efficiency and the efficient use of resources. As new cases are decided and precedents are established, the legal system continues to evolve and adapt to the changing needs of society. Therefore, it is essential for judges to carefully consider and apply precedent in their decisions, always keeping in mind the principles of fairness and justice.