Case law, also known as judicial precedent, is a fundamental source of law in common law legal systems. It refers to the legal principles and rules established by courts through their written decisions in individual cases. When a court issues a decision, the legal reasoning it uses becomes a precedent that other courts can—and often must—follow in future cases with similar facts.
- Case law ensures legal principles evolve with society as judges interpret statutes and apply law to new situations.
- Decisions from higher courts (e.g., supreme courts) bind lower courts, promoting consistency and predictability.
- When courts "follow precedent," they apply the same legal rules established in an earlier ("leading" or "landmark") case.
- If courts believe a precedent is outdated or incorrect, higher courts may "overrule" it, changing the law.
Case law bridges the gap between written statutes and real-world situations, making it a living and dynamic source of law.
Case law ensures consistency, allows law to evolve, and binds lower courts to higher courts' decisions.
How Judicial Precedent Works
When a court decides a case, it typically writes a detailed judgment explaining its reasoning. This explanation, known as the ratio decidendi ("the reason for the decision"), becomes the binding precedent. Other parts of the judgment that may be interesting but not essential to the decision are called obiter dicta ("things said by the way")—these may influence future cases but are not binding.
- Ratio decidendi: The legal principle that must be followed by future courts.
- Obiter dicta: Additional comments that may be persuasive but not binding.
A lower court faced with a similar legal issue must apply the ratio decidendi from a higher court’s precedent. This principle is known as stare decisis ("to stand by things decided").
- Stare decisis promotes stability and fairness: like cases are treated alike.
- Courts may distinguish a precedent if the facts are sufficiently different, so the prior decision doesn’t apply.
Ratio decidendi is the binding legal principle underlying a court's decision.
Stare decisis means courts should follow established precedents, ensuring legal stability and predictability.
The ratio decidendi—the core legal reasoning—is most important when establishing precedent.
Advantages and Disadvantages of Case Law
Advantages
- Predictability: Courts know what to expect, and lawyers can advise clients based on established rules.
- Flexibility: Judges interpret laws in light of contemporary values and circumstances.
- Detail: Judicial decisions explain how laws apply in specific contexts.
- Completeness: Case law fills gaps where statutes are silent or ambiguous.
Disadvantages
- Complexity: Tracking all precedents can be difficult, especially as legal volumes grow.
- Rigidity: Stare decisis may perpetuate outdated or unjust rules unless judges are willing to overrule.
- Access: Legal precedents may be written in complex language, limiting public understanding.
- Unelected lawmakers: Judges create law through precedent, raising concerns about democratic legitimacy.
Case law can be complex and raises concerns about judicial law-making without electoral input.
Landmark Cases and Judicial Innovation
Some cases become famous because they establish new legal principles or change existing ones dramatically. These are often called landmark cases, leading cases, or judicial milestones. Once a landmark decision is made by a top court, it can have ripple effects across many areas of law.
- Landmark cases often arise from novel social issues or controversies.
- They may expand rights, introduce new duties, or overturn previous judicial views.
- Judicial precedent thus acts as an engine of legal reform—not only a mirror of past decisions.
A landmark case is one that establishes or changes a major legal principle.
Case law, through the doctrine of judicial precedent, ensures that legal decisions are consistent, fair, and adaptable over time. By following prior rulings, courts promote stability in the legal system, while also allowing for change when necessary through landmark judgments.
- Judicial precedent is essential for understanding how law evolves in real-world situations.
- Landmark cases show the power of judges to shape society through their rulings.
- Both advantages and criticisms highlight the dynamic nature of case law in modern justice.
Case law provides binding judicial decisions that shape legal rules.
Judicial precedent promotes fairness by ensuring similar cases are decided alike and providing clear rules.
A court may not follow precedent if the case facts differ significantly or if the precedent is outdated.
Case law offers predictability, flexibility, and detailed rulings.
Disadvantages include potential rigidity, complexity, and concerns about judicial law-making.