The concept of precedent in common law holds utmost importance as it establishes the basis of judicial decision-making. Precedent refers to the past decisions made by the courts in similar cases, which are applied as a guiding principle for future cases with similar facts. This means that the decisions made by higher courts become binding on the lower courts, promoting consistency and uniformity in the legal system. The importance of precedent lies in the fact that it ensures predictability, ensures equal treatment of individuals, discourages arbitrariness and prevents judges from making decisions based on personal interest or beliefs. It also helps in the development of the law as judges can interpret and adapt the existing laws incrementally, avoiding the need for frequent legislative changes.
This mind map was published on 18 May 2023 and has been viewed 103 times.