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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Precedent

Rodrigo Camarena González

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

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

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

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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