Examining the Role of Precedent in Common Law Jurisdictions

Abstract

This article delves into the pivotal role of precedent in shaping legal decisions within common law jurisdictions. Precedent, a foundational principle of the common law system, embodies the notion of stare decisis, which emphasizes consistency and predictability in judicial rulings. Through a comprehensive analysis of historical developments, judicial practices, and scholarly discourse, this paper examines the multifaceted nature of precedent, its significance in legal reasoning, and its impact on the evolution of common law. By exploring the strengths, limitations, and contemporary challenges associated with precedent, this study offers insights into how courts navigate the tension between upholding established precedents and adapting to evolving societal norms and legal principles.