Refers to the legal doctrine that requires a judge hearing a case to refer to earlier cases where material facts in those cases are similar and to decide the case in the same way as the previous case. This is based on the maxim of “stare decisis” (standing by decisions already made).
It is not the entire judgment in the previous case which becomes a binding precedent but only that part which constitutes the ratio decidendi (reasons for the decision) and the rest of the judgment is not binding.
The doctrine of precedent means that a judge is bound to apply a decision from an earlier case to the facts of the case before the court provided, among other conditions, that:
- There is no material difference between the cases, and
- The previous case was one that created a binding precedent on the current case.