What is 'case law'?

Case law refers to the body of law that is established through judicial decisions rather than legislative enactments. When judges interpret statutes or make rulings in specific cases, their decisions can set legal precedents that guide future cases with similar facts or legal questions. This principle of adhering to precedents is known as "stare decisis," which helps ensure consistency and stability in the law.

In contrast, legislation established by parliaments represents statutory law, which is created through the legislative process and is considered separate from case law. International treaties focus on agreements between states and do not pertain directly to domestic case law. Historical laws that are no longer in effect do not contribute to current legal practices and therefore are not relevant to the definition of case law. Thus, the judicial decisions that establish precedents form the foundation of case law.