The Process of Forming Precedents in Some Countries and Suggestions for Vietnam

Abstract

Judicial practice in foreign countries shows that case law as a supplementary source for written law and legal basis for judicial activities tends to grow. A court judgment/decision in a specific case shall become precedent depending on the precedentforming process that each country considers reasonable. This leads to certain similarities and differences in the formation of case law in different countries. The article explores the process of choosing and forming precedents in some countries, thereby drawing lessons for Vietnam.