Präzedenzfälle

Präzedenzfälle, also known as precedents, are established decisions made by courts in past cases that serve as guiding principles for deciding future cases with similar issues. In legal systems that follow the common law tradition, such as those in the United Kingdom and the United States, the doctrine of stare decisis (Latin for "to stand by things decided") is fundamental. This doctrine mandates that lower courts must follow the rulings of higher courts within the same jurisdiction.

The purpose of Präzedenzfälle is to ensure consistency, predictability, and fairness in the application of the law. By relying on past decisions, courts avoid having to re-litigate the same legal questions repeatedly. This promotes judicial efficiency and allows individuals and legal professionals to anticipate how the law will be applied in specific situations.

Not all past court decisions are considered binding Präzedenzfälle. Generally, only decisions from appellate courts, particularly supreme courts, carry significant precedential weight. Decisions from lower courts or those that are considered obiter dicta (statements made "by the way" that are not essential to the court's ruling) may be persuasive but are not binding.

The application of Präzedenzfälle can be complex. Courts may distinguish a current case from a previous precedent if the facts or legal issues are significantly different. Over time, higher courts can also overturn or modify their own previous decisions, leading to changes in the legal landscape. In civil law systems, while past court decisions are influential, they are not generally considered binding in the same way as in common law systems, where statutes and codes are the primary sources of law.