What is the 'doctrine of precedent' in Queensland law?

The doctrine of precedent, also known as stare decisis, is a fundamental principle in Queensland law, as well as in many common law jurisdictions. It mandates that lower courts are bound to follow the legal principles established in decisions made by higher courts in the same hierarchy. This ensures consistency and predictability in the law, allowing parties to have reasonable expectations about legal outcomes based on previous rulings.

In practice, when a higher court, such as the Supreme Court, makes a decision on a point of law, that decision must be applied by all lower courts, such as the District Court or Magistrates Court, in future cases that involve similar facts or legal issues. This hierarchical structure not only upholds the authority of higher courts but also promotes the stability of the legal system, as people can rely on established case law for guidance.

The other options do not accurately describe the doctrine of precedent. Lower courts do not have the authority to create new laws at will, nor are they required to have their decisions reviewed by higher courts in a routine manner. Moreover, while it’s true that established precedents can only be overturned under certain conditions, such as a higher court's decision or legislative action, the primary essence of the doctrine of precedent lies in the obligation of