the tools and techniques of judicial creativity and precedent

Persuasive precedents can be of any nature – decisions by horizontal courts or lower courts, foreign judgments, obiter dicta, dissenting judgment, treatises or law reviews.

They guide the judge in deciding the case in light of what other judges had decided in similar circumstances.

Persuasive Precedent is the one which judges are under no obligation to follow but they may take into consideration.

Authoritative precedents are the decisions of the superior courts of justice which are binding on subordinate courts.

Authoritative Precedent is the one which has a binding force and the judges must follow it whether he approves it or not.

Gray- “ A precedent covers everything said or done, which furnishes a rule for subsequent practice”.

In Oxford Dictionary precedent is defined as “ a previous instance or case which is, or may be taken as an example of rule for subsequent cases, or by which some similar act or circumstances may be supported or justified”.

Such decisions are called ‘Judicial Precedents’ or ‘Precedents’ and it is a very important source of law. These Reports are considered to be a valuable part of legal literature. Such decisions are published and compiled in Reports. In almost all the legal systems, judges take guidance from the previous decisions on the point and rely upon them. Doctrine of Precedent, Its Kinds, Merits & Demerits Under Jurisprudence SYNOPSIS

The tools and techniques of judicial creativity and precedent