Hierarchy of Courts:
Malaysia's court system is structured in a hierarchical manner, with the Federal Court at the apex, followed by the Court of Appeal, High Courts, and subordinate courts. The doctrine of binding judicial precedent establishes a vertical relationship between these courts.
Lower Courts Bound by Superior Courts:
Lower courts in Malaysia are bound by the decisions of superior courts. This means that a High Court is bound by the decisions of the Federal Court and the Court of Appeal, and subordinate courts are bound by the decisions of the High Court.
Uniformity and Consistency:
The doctrine of binding judicial precedent promotes uniformity and consistency in the interpretation and application of the law. By ensuring that lower courts follow the precedents set by higher courts, it prevents legal uncertainty and conflicting decisions.
Predictability and Certainty:
Binding judicial precedent allows for a degree of predictability in legal outcomes. Lawyers and litigants can rely on past decisions when advising clients and planning legal strategies, promoting legal certainty and fairness.
Principle of "Ratio Decidendi":
When courts make decisions, they typically establish a ratio decidendi, which is the legal principle or reasoning that forms the basis for the decision. It is the ratio decidendi that lower courts are bound to follow when dealing with similar cases.
Distinguishing and Overruling Precedents:
While lower courts are generally bound by precedents, there are certain circumstances where they may distinguish a precedent or even overrule it. To distinguish a precedent, a court may find that the relevant facts in the current case are sufficiently different from the precedent. Overruling a precedent is rare and occurs only when a higher court determines that the previous decision was clearly erroneous or no longer consistent with the current legal principles.
Persuasive Precedents:
Although lower courts are not strictly bound by the decisions of courts in other jurisdictions (foreign precedents), such precedents may be considered persuasive and influential in Malaysian courts.
Constitutional Issues and Human Rights:
In matters involving constitutional interpretation and human rights, Malaysian courts have shown a willingness to depart from precedents to ensure compliance with fundamental rights and principles enshrined in the country's constitution.
Overall, the doctrine of binding judicial precedent ensures a systematic and orderly development of the law in Malaysia, promotes adherence to legal principles, and creates a framework for legal reasoning and decision-making within the Malaysian court system.