CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS

AUTHOR – LINGALA MOKSHA, STUDENT AT ALLIANCE UNIVERSITY, BANGLORE

Best Citation – LINGALA MOKSHA, CONCEPT OF LEGAL PRECEDENT AND ITS IMPORTANCE IN COMMON LAW SYSTEMS: WITH SPECIAL REFERENCE TO HUMAN RIGHTS, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 247-256, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Legal precedent is a central concept in common law systems, serving as a guiding principle in the interpretation and application of the law. It refers to the principle that decisions made by higher courts serve as binding authority for lower courts in similar cases. This means that courts must follow the legal reasoning and outcomes of previous cases, ensuring consistency and predictability in the law. The concept of legal precedent is vital in common law systems, as it promotes fairness and justice, helps to establish legal certainty, and contributes to the development and evolution of the law. This paper examines the concept of legal precedent in common law systems and its importance, including its role in promoting consistency and predictability in the law, the development of legal doctrine, and the protection of individual rights.

Keywords: Judicial Precedent, Decision making, common law legal system, Human rights Law