Doctrine of Precedent

• English law has developed from custom and the decisions of judges in cases. This system of law is known as common law.
• The decisions of judges in cases are known as precedents. Therefore, the precedent is an important source of law. It creates law for future judges to follow.
• The doctrine of precedent means the courts must follow decisions of the courts above. This is called stare decisis.
• The idea of treating similar cases in the same way promotes the idea of fairness and provides certainty.
• Stare decisis is the fundamental principle of precedent, and means that a decision in an early case will stand as guidance for all future cases.
• Ratio decidendi is part of the judgement which forms the precedent for future cases. For example, words that can prevent an assault can be found in the ratio of Tuberville v Savage.
• Obiter dicta comprises the rest of the judgement apart from the ratio decidendi. Judges do not have to follow it but it can be helpful.