réttarfarsreglu

Rettarfarsreglu, also known as the "rule of the most recent decision" or "rule of the last decision," is a legal principle that applies in Icelandic law. It states that when a legal issue has been decided by a court, subsequent courts must follow the same decision unless there is a compelling reason to do otherwise. This principle is rooted in the Icelandic legal system's emphasis on consistency and predictability in legal outcomes.

The rule of rettarfarsreglu is particularly relevant in civil law cases, where it helps to ensure that similar cases are treated uniformly. It is important to note that this rule does not apply in criminal law, where each case is considered on its own merits.

The principle of rettarfarsreglu was established to address the issue of judicial inconsistency, which can arise when different judges or courts interpret the law differently. By following the most recent decision, the legal system aims to provide a more stable and reliable framework for legal proceedings.

However, the rule is not absolute. There are exceptions where a court may deviate from the most recent decision if it finds that the previous decision was based on an incorrect interpretation of the law or if new evidence or circumstances warrant a different outcome. In such cases, the court must provide a clear rationale for its decision.

In summary, rettarfarsreglu is a fundamental principle in Icelandic law that promotes consistency and predictability in legal outcomes. It ensures that similar cases are treated uniformly, except in cases where there is a compelling reason to do otherwise.