The Role Of Precedent In Legal Systems: A Comparative Study Of Stare Decisis In Common Law Countries And Its Equivalents In Civil Law Jurisdictions
- IJLLR Journal
- May 1
- 2 min read
Sumbul Qamar, Amity University, Noida
ABSTRACT
This article delves into the multifaceted aspects of the role of precedent in shaping legal systems and practices, highlighting the fundamental differences and commonalities between these two major legal traditions. The legal systems of common law and civil law jurisdictions have long been distinguished by their respective approaches to precedent, encapsulated by the doctrine of stare decisis in the former and its equivalents in the latter.
The article explores the historical evolution of precedent in common law countries, tracing its roots to judicial decisions that have steadily molded a system characterized by binding and persuasive precedents. Conversely, the study delves into the historical origins and development of equivalent concepts in civil law systems.
Operational mechanics are examined in depth, considering the hierarchy of courts, the binding nature of precedent, and the influence of appellate decisions in common law jurisdictions. In contrast, civil law systems are scrutinized for their reliance on legal sources, statutes, and codified law while striving to ensure legal consistency and predictability through mechanisms that do not entail binding precedent.
It further investigates the profound influence of the use of precedent on legal culture, legal reasoning, and decision-making in both types of systems. This comparative analysis illuminates how the use of precedent shapes the approaches of judges, legal practitioners, and scholars and contributes to the distinct character of common law and civil law jurisprudence.
It also considers case studies and comparative analysis in select common law and civil law countries, examining practical applications of precedent and its implications for legal decisionmaking. It highlights examples where the use of precedent has played a pivotal role in shaping legal outcomes.
