What is case law based on?

Case law is fundamentally based on prior judicial decisions. This body of law develops out of the principle of legal precedent, where past rulings by courts establish guidelines and rules for how similar cases should be decided in the future. When judges confront new cases, they look to prior judgments to find reasoning and outcomes that can guide their rulings, ensuring consistency and stability in legal interpretation.

This reliance on previous decisions allows for an evolving yet stable legal framework, where the interpretation of the law can be adapted to fit changing societal norms without discarding the foundational principles established through earlier rulings. Additionally, case law is vital in filling in gaps where legislative statutes may be vague or silent, as courts interpret and clarify the intended meaning of the law based on historical context and precedent.

Newly enacted laws, legislative acts, and opinions of legal scholars do not constitute case law itself; rather, they may influence or be discussed within legal opinions, but they do not form the basis of legal precedents. Case law specifically refers to how courts have previously interpreted laws through their rulings, which is why prior judicial decisions are central to its definition.