What is the role of precedent in the legal system?

The role of precedent, or judicial precedent, in the legal system is to provide a framework for consistency, predictability, and stability in the application and interpretation of the law. Precedent refers to prior legal decisions and rulings that serve as authoritative examples for current and future cases. The principle of stare decisis, meaning "to stand by things decided," is central to the use of precedent.

When a court decides a case, especially at higher levels, the decision becomes a precedent for similar cases. Lower courts are generally bound to follow the legal reasoning and outcomes established by higher courts, ensuring uniformity and fairness in the legal system. This principle helps in treating similar cases similarly, promoting equality and preventing arbitrary decision-making.

Precedent also aids in legal interpretation and evolution. Over time, a body of precedent forms a legal tradition that guides judges in their decisions. While precedent provides stability, it is not inflexible; courts can distinguish or overturn precedent under certain circumstances, allowing the legal system to adapt to changing societal norms, values, or legal interpretations.

In essence, precedent plays a vital role in shaping the development of the law, ensuring consistency in its application, and maintaining public confidence in the legal system.