What Is The Importance of Precedent in The Judicial Decision Making

What is the importance of Precedent in the Judicial Decision Making?
The doctrine of Judicial precedent is fundamental to the operation of common law and is based
on the principle of stare decisis..In practice it means that a judge deciding a particular case will
look for a precedent which is a decision in earlier similar case to help them reach their decision
in the case before them. The most important justification for following Precedent is the idea of
doing justice. It also leads to certainty , consistency and fairness , predictability ,efficiency,
flexibility in the legal system. Let’s discuss the importance of each of these in detail.
Certainty :
Judicial precedent ensures certainty as judges don’t have to keep solving every single case that
comes before them .This saves repetition and it also saves them from making conflicting
decisions because if we think about it there are so many judges and if a number of them were all
dealing with the same case it’s quiet likely that a number of them would have different
opinions ,so it saves conflicting decisions. Once a case has been decided and it’s decision has
been recorded then it is seen just and fair that all similar future cases should be decided in the
same way. So, precedents apply certainty to the law and people know what the law is and how it
will be applied in their particular case.
Time saving:
When a principle of law has been created through a precedent it is immediately active law.
Whereas, if through every case we found a new principle of law and went through parliament in
the process of primary legislation it would be a very lengthy process .Therefore ,using precedents
as a form of law making is probably the quickest out of any form of law making.in this sense it
also saves the actual court time as they can make their decision much quicker by looking at any
past cases that have similar facts to use as a precedent.
Consistency and Fairness:
Clearly if like cases are treated alike there is consistency. Consistency can be considered to be an
element of fairness. This strengthens the system and is also likely to reduce crime since those
who are aware of the consequences will be less likely to commit a criminal offence .Greater
fairness is also provided as cases with similar facts will be treated the same. Just like in sports
,both teams are treated equally ,so both cases using similar facts should be treated equally.
Again ,if the case has similar facts and still no precedent is applied then the person will not feel
fair. We need judges to follow judicial precedent because when the law is consistent then it gives
future victims a chance for protection. For ex: In 2011 Bangladeshi Filmmaker along with his
companions was killed in a road crash . The microbus carrying the team to manikganj town
collided head on with a bus on the Dhaka highway killing the filmmaker instantly.On dec 3 the
high court ordered the concerned authorities to pay Tk 4.61 crore as compensation to the family
of the renowned filmmaker.
Earlier, in the case of Bangladesh Beverage Industries ltd Vs Rowshan Akhter and others , in
2010 the high court ordered a compensation of Tk 2crore to the family members of the victim
of the road accident. In these two cases we can see consistency and fairness being applied.
Similarly the Tariq masud case has created a precedent and has rekindled the hopes of road
accident victims who can step forward to see their claims being heard.
Predictability :
If lawyers , legislators and other practitioners know that like cases are treated alike in the legal
system they are operating , they will have a pretty good idea of the cases outcome with the
principle of Precedent in play. They won’t be 100% certain cause one can never be but they will
have a pretty good idea of the cases of success and advise to their clients appropriately .This can
result in saving time, money and undue stress.
Efficiency :
The existence of Judicial precedent may also prevent a court from making a mistake as guidance
will be provided as to how a case ought to be dealt with .Therefore a judge will be less likely to
make a mistake when reaching a conclusion and a decision will be deemed to be a lot stronger.
Injustice will also be prevented as it would certainly be unjust for different outcomes to be
reached in two cases with similar facts. This would be unfair and society would most likely lose
confidence in the judicial system. This way by preventing mistakes precedent helps with the
efficiency .
Flexibility:
Society is always changing and evolving so the legal system needs to reflect these changes . For
ex: Slavery was an established principle and also in india “sati was an act in which the wife
immolated herself after husband’s death was considered to be quiet courageous but afterwards
due to it’s negative aspects it was banned in India .Why did this happen?
Because At that point of time there were reasons to perform “sati “,”it was considered as the
closure of marriage and dutiful wife following her husband afterlife but as time passed it became
a forceful practice and also society changed due to which “sati’ was banned.
It is the same case in precedent when precedents establish and whatever principles are laid down
that may be the best possible interpretation of the statute at that time and whatever the situation
was there .If it is found that the former decision is manifestly absurd or unjust it is allowed by the
court to depart from the previous decisions or precedent by distinguishing ,overruling,
disapproving and reversing.
Now to reflect changes in society and where it appears right to do so for justice sake, they will
however be prepared to overrule their own previous decisions.
Conclusion : The entire point of using Precedent or the doctrine of stare decisis is fairness by
giving notice to all who want to know. It is meant to ensure that people know and understand
what the rules of society are .if they don’t understand the rule or how it applies we really cannot
expect them to comply with it, can we ? If it’s unclear as to what you are being allowed to do or
not do we cant fairly punish anyone for non compliance.
Failure to abide by precedent in a single case is an unjustice ,unless the court can distinguish the
case or overrule the law. Failure to abide by precedent systematically also makes the law less
certain, less reliable and less just as a whole. Thus, precedent acts as the cornerstone of the law
making process and the conceptual vehicle allowing law and justice to merge as one.

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