Portal:Law/Article/Week 08 2006
From Wikipedia, the free encyclopedia
Stare decisis is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.
This doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws.
The principle of stare decisis can be divided into two components:
The first is the rule that a decision made by a higher court is binding precedent which a lower court cannot overturn.
The second is the principle that a court should not overturn its own precedents unless there is a strong reason to do so and should be guided by principles from lateral and lower courts. The second principle is an advisory one which courts can and do occasionally ignore.
