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Rule erosion by precedent occurs when exceptions to established rules or norms are tolerated “just this once.” Over time, these exceptions become routine, weakening the force of the rules and reshaping the culture of governance.
Why It Matters
Undermines the predictability and stability of institutions.
Allows small violations to accumulate into systemic dysfunction.
Makes it difficult to enforce rules fairly, since selective precedent is used to justify abuse.
Tell-Tale Signs
Leaders explain violations as necessary “only this time.”
Past shortcuts repeatedly cited to justify new ones.
Members stop objecting to small breaches, treating them as normal.
Examples Across Levels
Local: An HOA allows one owner to bypass renovation approval, setting a precedent others then exploit.
State: Legislators suspend transparency rules once, then repeat it in future sessions.
Federal: Informal norms (like timely hearings for nominees) ignored repeatedly until the practice disappears.
Countermeasures
Enforce rules consistently, even for minor issues.
Document exceptions clearly, with justification and limits.
Codify important norms into written rules to prevent drift.
Train members on why precedent matters in preserving fairness.
Related Patterns
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