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Case law is subordinate to statute.
In all common law countries, precedent serves as law. But, statutes can overturn precedent.
If there is a statute (law) on the books, then the judge will apply that law. If there is not a law against a certain activity, the judge will then look to previous rulings from previous courts and follow their direction.
Case law can, however, be overturned. For example, in Plessy v. Ferguson, the Supreme Court of the United States established the precedent that states could segregate the races, so long as they provided separate but equal facilities for black and white people. In the 1950s, the Supreme Court overturned this precedent with Brown v. Board.
So case law is not a very strong source of law. It is lower than statutory law, and it can be overturned.
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∙ 13y ago
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