Constitutional Law
Precedent (Stare Decisis)
Precedent means that courts are bound to follow earlier decisions of higher courts on the same legal point. It creates consistency and predictability in the law.
Legal Definition
The doctrine of stare decisis (Latin: "to stand by what has been decided") requires lower courts to follow the legal rulings (ratio decidendi) of higher courts on the same issue. The Constitutional Court's constitutional rulings bind all courts. The Supreme Court of Appeal binds all courts below it.
📖 Constitutional / Statutory Basis: Section 172 and Section 39(2), Constitution of the Republic of South Africa, 1996
Practical Example
The Constitutional Court rules that a particular search without a warrant is unconstitutional. All High Courts and magistrates' courts must apply this ruling in future similar cases.
Frequently Asked Questions
Can a court depart from its own earlier decisions?
Courts other than the Constitutional Court may depart from their own earlier decisions in good cause, but must give reasons. The Constitutional Court regularly develops the law.
What is the ratio decidendi?
The legal reasoning on which a decision is based — the binding part of a judgment. Obiter dicta (passing remarks) are persuasive but not binding.
Is foreign case law relevant in South African courts?
Section 39(1)(c) of the Constitution allows courts to consider foreign law and international law when interpreting the Bill of Rights — it is persuasive but not binding.
Related Terms
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