Precedenties

Precedenties refers to decisions or rulings that establish rules, interpretations, or standards to be applied in later cases. The term is used in legal contexts to describe how past decisions influence future judgments. While most common in jurisdictions with a strong tradition of case law, precedents can also shape administrative practice and international legal norms.

In common-law systems, precedents can be binding or persuasive. The doctrine of stare decisis requires courts to follow binding precedents set by higher courts within the same jurisdiction. The ratio decidendi, or the legal rule essential to a decision, creates the binding effect; remarks not essential to the outcome (obiter dicta) are usually persuasive but non-binding.

In civil-law systems, the emphasis on case law as a source of law is weaker. Precedents may inform judges and practice, but primary authority rests with statutes and codes. International law operates with its own logic of precedent, where judgments from international courts and precedents in treaty interpretation can influence state practice and customary international law.

Beyond formal law, precedenties can refer to established policies, procedures, or models within organizations or governments. Such precedents guide decision-making, governance, and institutional behavior, providing predictability while also allowing for exceptions or evolution.

Limitations and evolution are inherent in precedent. Over time, higher court rulings can overrule or distinguish earlier decisions, and new facts or social norms may render a precedent outdated. Critics argue that excessive reliance on precedents can perpetuate unjust outcomes, while supporters view them as essential for consistency and fairness.