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For some nations case legislation is a serious source of legislation and decisions of higher appellate courts are considered normative – laying down guidelines that should, or in some cases must, be used to determine similar legal disputes (known as “binding precedent”, particularly in countries with a authorized system primarily based on common regulation, comparable to in the United Kingdom).
The Excessive Courtroom has been prepared to depart from the doctrine of stare decisis where the case being reviewed â€˜did not rest on a principle carefully worked out in a major succession of circumstances’ and the justices constituting the majority had totally different reasons for their selections: John v FCT (1989) 166 CLR 417; eighty three ALR 606.
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