içtihatlara

İçtihatlara refers to legal precedents or judicial decisions that serve as authoritative interpretations of law in many legal systems. These decisions, made by higher courts, are used by lower courts when deciding similar cases. The principle behind içtihatlara is that like cases should be treated alike, promoting consistency and predictability in the application of law.

In systems that follow the principle of stare decisis, also known as case law or common law, içtihatlara are binding on lower courts within the same jurisdiction. This means that a lower court is obligated to follow the legal reasoning and principles established in previous decisions by superior courts. This creates a hierarchical structure where judicial decisions build upon each other over time.

Conversely, in civil law systems, while judicial decisions are not strictly binding in the same way as in common law systems, they still hold significant persuasive authority. Judges in civil law countries often refer to previous rulings and scholarly opinions to guide their decisions, ensuring a degree of uniformity and adherence to established legal principles. The concept of içtihatlara, therefore, plays a crucial role in the development and application of law across different legal traditions, fostering fairness and legal certainty.