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Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
A number of political leaders have voiced their belief that the independence of Kosovo will create a dangerous precedent for other separatist movements. Russian President Vladimir Putin described the declaration of independence by Kosovo as a "terrible precedent that will come back to hit the West in the face". [ 19 ]
Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
Entities that declare secession while violating the internal laws of the state can not be considered as countries. Fait accompli may not be just accepted. Power is not the right, and the force is not the law. The United Nations have never recognised any case of a unilateral independence declaration. [52] [54] Belarus 3 December 2009
In Commonwealth countries, a reported decision is said to be a leading decision when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point".
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
The primacy of European Union law (sometimes referred to as supremacy or precedence of European law [1]) is a legal principle of rule according to higher law establishing precedence of European Union law over conflicting national laws of EU member states.