Reporting case law: unreported cases, the definition of a ratio and the criteria for reporting decisions
An efficient system of law reporting is beneficial in a number of ways. First, accurate reports are necessary if the principle that like cases should be decided alike is to be achieved. Secondly and relatedly, a strict system of precedent, which renders most decisions binding on courts, requires all decisions which have precedential value to be recorded. Thirdly, full reports of what judges say, including dissents, enable subsequent courts to consider the complex of normative and practical arguments which has been articulated in previous decisions. This both adds to the richness of material guiding lawyers and citizens at large and improves the quality of judicial decision-making. Fourthly, reporting courts’ reasons for reaching a decision is important since it exposes judges to scrutiny by fellow judges, practitioners, academics and the public at large. Reporting therefore serves the principle of accountability.