Stare Decisis: The Doctrine of Legal Precedent

Stare Decisis: The Doctrine of Legal PrecedentHorizontal Stare Decisis
Vertical Stare Decisis
Uniformity and Fairness
Conservation of Judicial Resources
Balancing Stability and Flexibility

Stare Decisis: The Doctrine of Legal Precedent

Stare decisis, a Latin term meaning "to stand by things decided," is a foundational principle in legal systems that follow common law traditions. This doctrine obliges courts to adhere to precedents established in previous rulings when deciding similar future cases. Stare decisis fosters consistency, predictability, and stability in the law, ensuring that individuals and entities can rely on established legal norms. While it is a cornerstone of judicial decision-making, stare decisis is not without its complexities and controversies, particularly when courts are faced with outdated or unjust precedents.

The Principle of Stare Decisis

The principle of stare decisis is a vital mechanism in the architecture of legal systems, ensuring that judicial decision-making is rooted in consistency and predictability. This section delves deeper into its two forms—horizontal stare decisis and vertical stare decisis—and explores how these concepts function to uphold fairness, conserve judicial resources, and reinforce the rule of law.

Horizontal Stare Decisis

Horizontal stare decisis pertains to a court's commitment to follow its own precedents.
thelawtoknow.com/2024/12/14/stare-decisis/

Taken on: December 14, 2024

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precedent

staredecisis

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