Sources of law jurisprudence |part-2| judicial precedents | in tamil - The sources of law. The judgements passed by some of the learned jurists became another significant source of law. When there is no legislature on particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents.
The dictionary of English law defines a judicial precedent as a judgement or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Precedent is more flexible than legislation and custom. It is always ready to be, used. Precedent is otherwise called case law judicial decision judge made law it is the sources of law. It enjoyed a high authority precedent plays a vital role when law is unwritten English common law is based on precedent.
Kinds of precedent
Authoritative precedents or absolute precedent: whether judge approve it or not this kind of precedent must be followed.
Conditional precedent: The judge may disregard either by dissenting or by over ruling it known as conditional precedent.
Persuasive precedents: Judges have no obligation to follow can take into consideration. Precedent of other court i.e. Foreign court.
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