... may impose both limits and flexibility to judges' decision. The limits that are imposed on the judges' decision are that precedent constraints the power of judges to view the merits and demerits in each case and to make decisions according to what seems fair at that time. Another aspect of precedent is that a decision will be a binding precedent if it was made by a higher court in the same authority. For instance, a judge of the district court of New South Wales Supreme Court is bound to follow a high court decision. Also it is known that under the doctrine of precedent, the rule in the precedent case is only binding if the facts of the case are similar to those of the case now before the court. But there is no simple or precise formula to tell when this is so. Judges' analogy is different from those of ...

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