Precedent

Precedent means the decision of a superior court containing a principle of law which is binding on subordinate courts.

• The general rule is that a court is bound to the decision of all superior courts of the land.
• Ratio Decidendi: The 'reason behind the decision' — that portion of a judgment which provides the logical grounds and reasons for the court's decision on the issues presented.
• Obiter Dicta: Literally 'saying by the way' — an opinion or approach expressed in a judgment as to a fact or matter not in issue in that decision. It is not binding precedent on lower courts; it is a statement of law by courts going beyond the requirements of the case and laying down an unnecessary rule.
• Stare Decisis: The common law doctrine of precedent (not legislation), meaning previous judgments shall be upheld.The binding authority of Judicial Precedents is based on the principal of stare decisis.
• Every decision of the Supreme Court of Pakistan is authoritative precedent for every court in the country (not merely persuasive).