Precedent

A precedent (or test case ) describes a legal case, the decision has become the benchmark of other cases.

Play the largest role precedents in Anglo- American law (English precedent ). The local legal system is based among other things on the evaluation of similar court decisions. The court decision becomes part of the legal system and is the basis for judgment. Binding precedents bind mainly lower-ranking courts.

In contrast, the continental European legal system follows the idea of positivism. Decisions are based on laws and not to the decisions of other courts. From a precedent we can speak at best when a Supreme Court in a judgment Basics determines the interpretation of this Act. Crucially, however, that in the future the law will be applied and the precedence this only provides a means of interpretation. Other courts are not bound by precedents themselves. Therefore, in Germany we do not usually precedents, but of policy decisions.

An exception to certain decisions of the Federal Constitutional Court when they pick laws because of unconstitutionality and / or temporarily make a substitution for.

Precedents are also important for the actions of the state administration: Where a discretionary decision, which was not challenged in court or before the court had on hand, others can rely on the argument and the precedent becomes the measure of future action.

International law

See

• Präzedenzfrage of Kosovo or
• The argument put forward by Slovenia alleged precedent in the case of border demarcation in Croatian maps, see International conflicts of the successor states of Yugoslavia