This article contains 6 Differences between Authoritative Precedents and Persuasive Precedents.
- Meaning: An authoritative precedent, as the name itself implies, comes from the superior court, and is followed its subordinate courts.
A judicial precedent of the supreme court of India is authoritative for all the court in India.
- It must be followed by the inferior courts whether they approve of it or not. They are bound to follow it.
- A judicial precedent of the Andhra Pradesh high court is authorities in relation to other subordinate courts in Andhra Pradesh.
- An authorities precedent has a legal claim, recognition, influence and binding force on the inferior courts.
- Authoritative precedents are legal sources of law.
- Meaning: persuasive precedent is one which the judges are under no obligation to follow.
- A foreign judgment is a persuasive precedent.
- The judges peruse and interpret and take the assistance of persuasive precedent, but they are not bound to follow it.
- A decision of Tamil Nadu or Karnataka High Court in relation to the Andhra Pradesh High Court is only persuasive.
- A persuasive precedent has no legal claim, influence and biding force. It depends for its influence upon its own merits.
- Persuasive precedents are merely historical.