Instead of making laws like normal a judge from a hundred years ago gets to be the authority unless yet another judge decides to overrule them and become the new authority???
Instead of making laws like normal a judge from a hundred years ago gets to be the authority unless yet another judge decides to overrule them and become the new authority???
It grows out of real cases rather than abstract theorising.
In civil law they still take into account how a law has previously been applied, they just don’t get to declare what is often in effect a new law through their ruling