Precedent As a Source of Law: Follow or not to Follow!

Abstract

Abstract: The doctrine of Precedent has an exalted pedigree and forms the unique entry in the hallmark of the common law ethos as a primary source of law. It represents the common law precept that judges are to follow the decisions in prior cases and are not to revisit issues of law that have already been settled after careful deliberations. This discussion note programmes to peek this hallmark across the ethos and quality of a precedent as a primary source of law. In this context, it is rather adumbratively observed that if a policy motivated judge distorts the law away from efficiency then diversity of judicial activism often prods legal evolution and increases the emancipation of legal certainty and precision. During the interpretation of the law, the courts are generally bound by a prevailing benchmark of staredecisis or bunch of precedents. This capsule discussion is carried along the jurisprudential and legal context and the metric affirms that greater the similarity between the cases the stronger the precedent, however a flip-flop can be considered to secure the notions of Justice. Keywords: Precedent, Courts, Ratio, Dicta and Law.