precedent

1. Explain the doctrine of precedent

The doctrine of Precedent (known as stare decisis – ‘to stand by what has been decided’) is a legal principle that demands courts decide cases in the same way as previous courts have decided the same problem. Precedent ascertains consistency within our judicial system.
When a new issue arises, the legal principles applied to resolve a problem (known as the ratio decidendi) then become the precedent to be similarly applied in subsequent cases. Precedent is not restricted to new cases; precedent is created when a previous decision requires expansion, or when the meaning of a parliament act is interpreted. Any part of a courts reasoned judgment that is not necessary to the decision (for example, recommendations to parliament) is known as obiter dicta (“things said by the way”).
Precedent provides regularity within our courts because Precedent means cases are decided in a similar manner. In order for this to occur, the precedents of ...