The Controversy Surrounding Legal Precedent

Legal precedent, also known as case law or common law, refers to the principle that decisions made by higher courts should be followed by lower courts when dealing with similar cases. However, there is an ongoing debate among legal scholars and practitioners about whether legal precedent should always be followed.

Arguments For Following Legal Precedent

Proponents of following legal precedent argue that consistency and predictability in the legal system are essential for maintaining stability and fairness. By adhering to established precedents, judges can ensure that similar cases are treated similarly, promoting equality before the law.

Furthermore, following legal precedent can help prevent arbitrary decision-making and judicial activism, as judges are bound by the rulings of higher courts. This can enhance the legitimacy of the judiciary and uphold the rule of law.

Arguments Against Following Legal Precedent

On the other hand, critics of blindly following legal precedent argue that it can lead to outdated or unjust decisions being perpetuated. Society evolves over time, and what may have been considered acceptable in the past may no longer be deemed appropriate in the present.

Additionally, strict adherence to legal precedent can stifle innovation and creativity in the law. It may prevent judges from considering new perspectives or adapting to changing societal norms and values.

FAQs About Legal Precedent

Q: Is legal precedent always binding on lower courts?

A: While legal precedent is generally followed by lower courts, there are circumstances where judges may depart from established precedents if they believe it is necessary to achieve a just outcome.

Q: How does legal precedent differ from statutory law?

A: Legal precedent is based on previous court decisions, while statutory law is created by legislatures through the enactment of statutes. Both sources of law play a significant role in shaping the legal landscape.

Q: Can legal precedent be overturned?

A: Yes, legal precedent can be overturned by higher courts or through legislative action. Overruling precedent is a complex process that requires careful consideration of the implications for the legal system.

Q: What role does stare decisis play in legal precedent?

A: Stare decisis is the principle of adhering to precedent and is a cornerstone of the common law system. It provides stability and consistency in the interpretation and application of the law.

For further reading on this topic, you may find this article useful.