The doctrine of precedent

Case Law and
Precedent
FACULTY OF LAW

The University of Western Australia
Case Law: Introduction
The doctrine of precedent
Australian court hierarchy
Parts of a case / judgment

The University of Western Australia
Case Law: Precedent
Precedent = Stare decisis
=Following the decision of a higher court, or a previous
court, in a case where similar law applies, and /or which
has similar facts
“The doctrine is that whenever you are faced with a
decision, you always follow what the last person who was
faced with the same decision did. It is a doctrine eminently
suitable for a nation overwhelmingly populated by sheep”
- Justice Lionel Murphy (1979)

The University of Western Australia
Case Law: Precedent
Advantages:
Legal development
Not arbitrary
Fairness
Flexibility
Certainty
Efficiency
Disadvantages:
Injustice
Manipulation
Uncertainty
Multiple judgments