What is the doctrine of precedent? / What are its advantages and disadvantages?

A doctrine or policy by which the lower courts in hierarchy are required to follow rules or principles laid down in previous judicial decisions by higher Courts. (Latin: 'stare decisis' - to stand by decided matters) In order for previous decisions to be binding on new ones and thus form the doctrine of precedent the previous case: 1. Must have been decided by court of sufficient status in court hierarchy, 2. It must still stand as ‘good law’ (i.e. not overruled) 3. There must be sufficient degree of analogy between the precedent case and the case being decided. All 3 conditions must be met, otherwise the previous case will not be regarded as binding, but rather as persuasive. Note: the previous decision does not always have to be applied. It can be distinguished, or even overruled (if the court is at a sufficient hierarchy to be permitted to overrule - i.e. Supreme court). ADVANTAGES: -predictability -certainty -avoid ad hoc decision making DISADVANTAGES: -inflexibe -stagnation GENERAL DEBATE: certainty vs justice.