Is case law the same as legally codified laws?
While case law and precedents can be used like laws, there is a crucial difference to them. These decisions made can be overturned by a higher court or by new rules and laws that come into place. If one ruling body decides on an outcome it may be appealed provided there is significant reason as determined by the ruling body you appeal to. You cannot just appeal because you didn’t like the response.
As shown above precedents can be overruled by a change in the law which makes them invalid. This is described in English law as there being a material difference between the precedent and the current case. This is also applicable if there is a significant different in the precedent and the current case which would make the precedent invalid or require some changes to the outcome.
These precedents do not form laws unless they are specifically chosen, reviewed and are made into some kind of rule. In MD some precedents become rules because they caused so many problems and others are left as a precedent which allows us (the players) leeway so we have a more dynamic game.