Yasin Al Razi

  ‘Precedent’ is a legal principle or rule that has been established by a court decision. It is a source of law that is binding on lower courts in the same jurisdiction. When a court decides a case, it is bound to follow the precedent set by higher courts in the same jurisdiction. Nature and authority of precedent: Precedent is not a rigid doctrine. A court can depart from precedent if it finds that the precedent is wrong or outdated. However, a court will not depart from precedent lightly. In its nature,  “A precedent is purely constitutive and in no degree abrogative” which means a precedent can not abrogate any law but it can create a rule of law.  The authority of precedent derives from its trueness. It is an established rule of law, produced in the form of a judgment by a court of law, that ought to be taken as true. Basically, the doctrine of precedent is based on the principle of stare decisis, which means “to stand by the decisions”. The doctrine of stare decisis ...

                                        Custom, in a legal context, refers to established patterns of behavior or practices that have evolved within a particular community or society and are recognized as having legal significance. Customs can pertain to various aspects of life, including social, economic, and legal norms. Origin of Custom as a Source of Law : The recognition of custom as a source of law has deep historical roots and can be traced to ancient legal systems. Customary law, also known as customary practices, developed organically within communities and served as a way to regulate behavior and resolve disputes. Over time, these customs became formalized and recognized as sources of legal rules. The following is an overview of the origin of custom as a source of law: Primitive Societies : In early human societies, customs were the primary means of regulating social interaction...