4 ms·
This is not entirely true. Precedence works different, sure. But saying precedence has no impact is (at least in the German legal system I know) absolutely fals
by germanier 10y ago
This is not entirely true. Precedence works different, sure. But saying precedence has no impact is (at least in the German legal system I know) absolutely false. For example, the German criminal code is sparse on detail and enforcement in courts is largely based on earlier decisions by higher courts. The important difference is that judges are not legally bound by those decisions and they usually don't directly refer to those (except for high-profile decisions) but just re-use the same arguments. But if they don't follow earlier decisions and have no good reason their verdict is going to be thrown out (again, by re-using old arguments instead of directly referring to precedence.)
To bring this back to topic: Litigation one example to establish a known interpretation of the law and then going after similiar cases (which are then decided on a low level based on the work in another case already done) is absolutely common in Germany.
Courts don't want to flip-flop on very similiar cases with no reason - in fact they are not allowed to by the constitution.