What does the doctrine of precedent mean?
What is the doctrine of precedent? The doctrine of precedent is a form of reasoning and decision-making formed by case law. If a higher court has made a significant legal point in one case, it would be considered as binding in later courts. In order to understand this doctrine more clearly, it would be necessary to examine the hierarchy of the English Courts. The House of Lords holds the highest position, any decision made by them, would be binding to lower courts which filter down to the Court of Appeal, to the Crown Courts and County Courts. This is otherwise recognised as the doctrine of stare decisis, which means standing by what has been decided. This doctrine is a fundamental principle of English Law. The use of precedent is vital to the decision making process of the courts.
