Judicial precedent

Need to know

What you need to know

• Stare decisis is the foundational principle of judicial precedent, promoting legal certainty and fairness.
• Precedent operates through a strict hierarchy: Supreme Court > Court of Appeal > High Court > Lower Courts.
• A 'binding precedent' is a decision from a higher or equivalent court that must be followed.
• A 'persuasive precedent' is not binding but can influence a judge's decision (e.g., a decision from a lower court, or the JCPC).

Explanation

Judicial precedent

1. Stare decisis is the foundational principle of judicial precedent, promoting legal certainty and fairness.
2. Precedent operates through a strict hierarchy: Supreme Court > Court of Appeal > High Court > Lower Courts.
3. A 'binding precedent' is a decision from a higher or equivalent court that must be followed.
4. A 'persuasive precedent' is not binding but can influence a judge's decision (e.g., a decision from a lower court, or the JCPC).