PRESENTATION ON:

PRECEDENT
AS A SOURCE OF LAW

Prepared By:
Abdul Raheem
1. INTRODUCTION
A precedent is a previous decision. These are the earlier decisions of the
court of law which should be followed in future cases. It is an important
source of law. It have enjoyed high authority at all times and in all
countries.

2. DERIVATION
Precedent

'praecēdere'
(Latin Word)

" To go in front of "

3. INTERPRETATION
(a)Literal Meaning (b)Legal Meaning
According to Merriam ​
Webster According to Black’s Law Dictionary 11th
Edition,​
Dictionary,
“Something of the same type that has occurred
“an earlier occurrence of or existed before"
something similar”

4. DEFINITIONS
(i) According to Salmond (1862-
1924),
“A precedent is a judicial decision which
contains in itself a principle.”
5. PRECEDENT IN STRICT AND WIDER SENSE
(i) Wider Sense: Precedent means previous decision.
Judicial Precedent is the one that contains in itself the
principle of law.

(ii) Narrow Sense: Precedent is that case law which not

only has a great binding authority but it must also be
followed.

6. CROSS REFERENCE
Article 189 & 201 of the Constitution Of
Islamic Republic of Pakistan 1973.
7. DOCTORINES OF PRECEDENT
(i) Ratio Decidendi: Authority to be followed in other
cases if it is based on same principles of law.
Illustration:-
When a dispute comes before a judge, he picks out the
material fact and the Ratio Decidendi is the decision
reached by the judges on the basis of material facts.

(ii) Obiter Dicta: The principles on which the judge

decides a case from author system of law, a judge of one
country can borrow a principle of other country. These
don't have any legal force or effect in them.
Illustration:-
American Superior Courts.
 8. KINDS OF PRECEDENT

PRECEDENT

According to According to According to

the nature of their influence on the nature of
rule laid future decisions. their
down. authority.

Original Declarator Authoritativ Persuasive Absolute Conditiona

y e l
9. ORIGINAL PRECEDENT
The precedent which creates or establish
original or new rules of law. In this case,
the Judge creates a new rule of law by a
new interpretation.

10. DECLARATORY
PRECEDENT
These precedent don't lay down a new rule
but only declare a principle of law already
existing. In case of advanced countries,
declaratory precedent are more numerous.
 11. AUTHORITATIVE
PRECEDENT
The precedent which must be followed by
the judge whether they approve it or not. It
comes from the court superior to the court
concerned.
Illustration:- BHC precedents are
binding on all inferior courts in Bombay
presidency.
12. PERSUASIVE
PRECEDENT
The precedent which courts are not bound
to follow but they may take them into
consideration while giving decisions.
Illustration:- Foreign judgements of
American Courts, etc.
 13. KINDS OF
AUTHORITATIVE PRECEDENT

Absolute Conditional Precedent

Precedent
These are the precedents
which are absolutely
binding however
unreasonable or erroneous
they may appear to be.
Illustration:-
Precedents of Superior
Courts are precedents of
absolute authority for the
subordinate courts.
These are the precedents
which are binding but not
absolutely.
Illustration:-
A decision of a single judge
of High Court is only
conditional for same or
another judge of HC.
14. CONCLUSION
• Very helpful for judges
• Easy for them to announce result of the case from
old ones.
• Fulfills the needs & demands of changing society.

THANK YOU!