Case law is the law created by the courts
Although most laws are enacted by Parliament in the form of legislation, in a common law system such as ours the courts also develop the law. By deciding a disputed point of law a senior court (known as a court of record) can change or clarify the law, thereby setting a precedent which other courts are bound to follow or apply in later cases.
By publishing law reports such as the NZLRs, people can easily find and learn about the cases that have changed or clarified the law over the years, how they have affected later cases or interpreted legislation, and whether they have been overtaken by later cases on the same topic.
The cornerstone of law reporting is that only the cases that make new law or change existing law merit coverage in a law report. The reasoning behind this philosophy is that cases decided purely on their facts, or through the application of principles in cases that have already been reported, have less value as authority.
Doctrine of precedent
Common law adjudication is organised around the doctrine of precedent (like cases should be decided alike) and stare decisis. Consistency of judicial decision-making ensures the orderly development and application of the law. Consistency and stability in the law are values intrinsic to the rule of law, allowing citizens to predict how the law, when applied, will affect them.
The doctrine of stare decisis addresses the hierarchy of courts. Decisions of courts higher in the judicial hierarchy bind the lower courts. A lower court must follow a higher court decision if the decision is not distinguishable on the facts. By encouraging consistency of decision-making, this doctrine promotes confidence in the judicial system and the legitimacy of common law.
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