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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Precedent

Rodrigo Camarena González

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
May 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 September 2023

Subject(s):
Constitutional courts/supreme courts — Precedent — Common law — Comparative constitutional law — Constitutions and amendments — International law — Doctrines of precedent and stare decisis

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Precedent refers to a decision-making procedure in which previous court judgments are binding, or at least persuasive, for subsequent courts in similar cases. The term ‘precedent’ is mainly associated with the common law tradition and its doctrine of stare decisis et non quieta movere. According to this doctrine, a court is bound to follow its previous decisions, thus refraining from disturbing settled law. 2 A precedent is binding when the subsequent courts must follow the previous decision in future similar cases unless there are legally relevant differences...
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