Precedenssijärjestelmän

Precedenssijärjestelmän, commonly known as the precedent system, is a fundamental principle in common law legal systems. It dictates that judicial decisions in past cases, known as precedents, serve as binding authority for future cases with similar facts and legal issues. This principle, often referred to as stare decisis et non quieta movere, meaning "to stand by things decided and not disturb settled things," ensures consistency, predictability, and fairness in the application of law.

When a court encounters a case, judges look to previous rulings by higher courts within the same jurisdiction to guide their decision. If a precedent exists and is deemed relevant, the court is generally obliged to follow it. This hierarchical application of precedent means that decisions from superior courts are binding on lower courts. However, courts can distinguish cases, meaning they can argue that the facts or legal principles of the current case differ sufficiently from a previous precedent, thereby allowing them to reach a different conclusion.

The precedent system contributes to the development of law over time as courts build upon and refine existing legal principles through their judgments. While common law systems rely heavily on precedent, civil law systems, prevalent in many European countries, primarily base their legal decisions on codified statutes and do not give the same binding authority to judicial decisions. The interpretation and application of precedent are crucial aspects of legal practice in common law jurisdictions, influencing legal reasoning and judicial outcomes.