3 ms·

Do German courts even use precedent? I thought no?

• dgellow 8y ago
  Interesting, I didn't know. It seems to be more subtle though: > German judges are not bound by precedent (Präjudizien), but, in pursuit of consistency, they are likely to consider previous decisions of the higher court(s). https://libguides.bodleian.ox.ac.uk/c.php?g=422919&p=2888143 https://libguides.bodleian.ox.ac.uk/c.php?g=422919&p=2888143
• monocasa 8y ago
  The German courts still try to be internally consistent, they just don't feel as held to that standard as common law systems do. Precedent can still make or break a case under the right circumstances.
  • stordoff 8y ago
    Interestingly, that's basically the same decision the English House of Lords (now Supreme Court) came to in 1966. While they tend to respect precedent, they aren't bound to it (though only in that Court): > too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. [The Lords] propose therefore, to modify their present practice and, while treating former decisions of this house as normally binding, to depart from a previous decision when it appears right to do so. https://en.wikipedia.org/wiki/Practice_Statement https://en.wikipedia.org/wiki/Practice_Statement