The doctrine of precedent is a key feature within the case law system
The doctrine of precedent is a key feature within the case law system. It specifies that a court apply the same rulings of a higher court judge, given the case involves similar facts and issues. There are two types of precedent within the court system. The first being ‘binding’. This means that the court is bound to follow a precedent if both it is relevant to the case and from a superior court in the same jurisdiction. The second precedent being ‘persuasive’. A precedent may be persuasive if the court decision came from a co-ordinate or inferior court in the same jurisdiction or if the precedent is from a different jurisdiction. The rationale behind the doctrine of precedent is that it ensures that law is applied in a consistent and predictable manner. This creates a fair and moral system. It means that all persons have to be treated the same in a certain scenario before the law.
