pretsedendiõigus

Pretsedendiõigus, also known as case law or common law in other jurisdictions, is a legal system where judicial decisions in past cases serve as binding or persuasive authority for future cases with similar facts and legal issues. This system is distinct from civil law systems, which primarily rely on codified statutes and legislation as the main source of law. In a common law system, judges play a crucial role in developing and shaping the law through their interpretations and rulings.

The principle of stare decisis, meaning "to stand by things decided," is central to pretsedendiõigus. It dictates that courts should follow the precedents set by higher courts within the same jurisdiction. This ensures consistency, predictability, and fairness in the application of the law. When a court encounters a case, it looks to previous decisions for guidance on how to resolve the current dispute. If a case involves a novel legal question, judges may look to analogous cases or legal principles to establish a new precedent.

Pretsedendiõigus evolved in England and was later adopted by many of its former colonies, including the United States, Canada, Australia, and India. While Estonia operates primarily within a civil law tradition, influenced by German and Scandinavian legal thought, the concept of judicial precedent is increasingly recognized and applied. Estonian courts, particularly the Supreme Court, do consider their previous rulings when making new decisions, contributing to a degree of predictability and development of legal norms, even without a strict stare decisis doctrine. This allows for the law to adapt to changing societal needs and circumstances through judicial interpretation.