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Precedent

The document discusses the meaning and types of precedent in law. Precedent refers to decisions of superior courts that are binding on inferior courts and must be followed in similar future cases. This brings certainty, predictability, and uniformity to the law. The advantages of precedents discussed are that case law can adapt to social changes over time, precedents provide practical guidance to judges, and citing precedents saves time for lawyers and judges.

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Sammy Jackson
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29 views3 pages

Precedent

The document discusses the meaning and types of precedent in law. Precedent refers to decisions of superior courts that are binding on inferior courts and must be followed in similar future cases. This brings certainty, predictability, and uniformity to the law. The advantages of precedents discussed are that case law can adapt to social changes over time, precedents provide practical guidance to judges, and citing precedents saves time for lawyers and judges.

Uploaded by

Sammy Jackson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Precedent

Meaning of Precedent :

Precedent means decision given by the superior courts is binding on inferior courts
and to be followed in future in similar cases Doctrine of Precedent bring certainty,
predictability and uniformity in law.
Bentham :
       According to Bentham 'precedents are judge made laws'  .

Keeton :
        According to keeton a judicial precedent is a judicial decision to which authority has in
some measure been attached.

Gray :
     In the words of. Gray, ' a judicial precedent covers everything said or done which
furnished a rule for subsequent practice.
Precedent may be classified under the following heads :
    1) Authoritative precedents
    2) Persuasive Precedents
    3) Original precedent
    4) Declaratory Precedent

Advantages of Precedents :

1) Case law being an outcome of continuous judicial process, it is more in keeping with the
needs of the society. Precedents enable the judges to re-shape law according as an effective
requirements and at the same time binding authority of the precedent acts as an effective
check on the arbitrary discretion of the judge.
2) Precedent being the result of concrete problems, which actually arose in the case, gives
rise to practical and perfect law whereas the law enacted by legislature is mostly based on
assumptions and imagination and therefore, it is an imperfect and abstract law.

3) The law contained in case law is certain and easy to understand. Once a case is decided
people know it with certainty as to what would be ruling in similar cases, which arise in
future. Therefore, precedent helps people to now the intricate (complex) principles of law to a
considerable extent.

4) Precedents provide useful guideline for the Judge in deciding cases before them

5) Citing of precedent and case law helps the members of Bar to substantiate their argument
without waste sof unnecessary time and energy. Much of the time of the judges and
Advocatets is saved in searching the relevant law from law books.

6) Precedents provide flexibility to the law to adapt itself to new situations and social
conditions. The case law relating to right to property in India from Sankari Prasad AIR 1951,
SC 458 to Minerva Mills , AIR 1980 SC 1789, cases and changes in the judicial trend in this
regard sufficiently illustrates this point.

Other Advantages :

1. Certainty

The president brings certainty to law because similar principles are applied and are
recognised to similar cases. This process makes the law certain.

2. Uniforrmity
President brings uniformity to law because of past decision is followed and applied
through out the Court and country.

3. Conformity

The decisions in the subsequent cases are given based on the similar principles laid
down earlier for the similar fact of the case. The earlier decision is conferred which brings
conformity to law

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