A number of academics and appeals court judges have. Youll get full access to our interactive quizzes and transcripts and can find out how to use our videos to earn real college credit. Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. In the absence of stability and predictability in law. Stare decisis wex us law lii legal information institute.
Stare decisis is a doctrine, or an instruction, used in all court cases and with all legal issues. The argument for a rule of stare decisis that frequently controls. The doctrine of precedent and the value of s 392 of the. The reason for the doctrine is that similar cases should be treated alike so as to ensure consistency and certainty in the law. Stare decisis is intended to insure that people are guided in their personal and business dealings by prior court decisions, through established and fixed principles they announce.
The latin term stare decisis refers to the doctrine of precedent, which obliges judges to make certain court decisions according to previous rulings made by a higher court in the same type of case. The dialectic of stare decisis doctrine by colin starger. It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. Advantages and disadvantages of doctrine of stare decisis.
What does this doctrine have to do with the american legal system. Kozel abstract stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. The practical application of the principle of stare decisis is that courts are bound by their previous judicial decisions, as well as decisions of the courts superior to them. The supreme court should not abandon stare decisis. Mar 25, 2015 the supreme courts 1964 decision in brulotte v. In s v walters and another 2001 10 bclr 1088 tk jafta ajp was confronted with a question of whether s 49 of the criminal procedure act 51 of 1977 cpa in sanctioning a peace officer to kill a fleeing suspect who is suspected of committing a schedule 1 offence, was constitutional. Stare decisis definition is a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice. This study seeks to appraise critically a number of selected decisions handed down in the recent past by the high court and the court of appeal of kenya with a view to demonstrating that far too often, those courts do not abide by the doctrine of judicial precedent or stare decisis. The main advantages of the doctrine legal certainty, predictability of the outcome of litigation, the protection of vested rights, and uniformity and equality in. In other words, courts can and do rely on decisions made previously, either in. The doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases which have been hastily decided, or contrary to principle. Supreme court and the state supreme courts serve as precedential bodies, resolving conflicting interpretations of law or dealing with issues of first impression. This article examines stare decisis as applied by the u. This quiz and corresponding worksheet will gauge your knowledge of the stare decisis doctrine.
It may be called the doctrine of precedent or of authority. The rule stare decisis thus applies to the judicial decisions made by the courts and implies that the decision made by a court is binding upon the court which actually pronounced the judgement as well as on all courts subordinate to that court. The words originate from the phrasing of the principle in the latin maxim stare decisis et non quieta movere. In doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on. Meaning of stare decisis stare decisis means to stand by decided cases. Kozel abstract stare decisis has been called many things, among them a principle of policy, a series ofprudential and pragmatic considerations, and simply the. Next will be to identify selected decisions which have emanated from the high court and the court of appeal of kenya and to subject those decisions to scrutiny against the requirements of the doctrine of judicial precedent. Nov 03, 2015 stare decisis is not at all the judicial straitjacket it is sometimes imagined to be and so the very flexible approach to precedent taken by administrative decisionmakers is not only defensible but laudable.
Stare decisis is an abbreviation of the latin phrase stare decisis et quiell. Based on professor gall, it say that stare decisis is a latin phrase which means to stand by decisions and not to disturb settled matters. Kolawole kazeem oyeyemi,1 abstract the article explores the doctrine of stare decisis in nigeria. Dec 31, 20 visit for thousands more videos like this one. May 09, 2019 stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar current or future case. Advantages and disadvantages of doctrine of stare decisis on the previous tutorial section, we are assignned to do what are the advantages and disadvantages of the doctrine of stare decisis for the development of law. Precedent and the doctrine of stare decisis let the. Stare decisis ensures that cases with identical facts. The doctrine pertains to the concept of being bound by ones earlier decision. But that is not in itself an argument for stare decisis since it presup poses that precedents have already been created. Stare decisis is one of the most important doctrines in common law. Essay on developement in doctrine of stare decisis 825 words.
This recent conflict between formal and justificatory stare decisis approaches and competing due process schools reflects a deeper metadoctrinal pattern. With respect, it would appear that the cape town deeds registry cannot follow the ventercase, and must as required by the stare decisis rule, follow the tofie case. Latin for stand decided is the common law legal principle that a court is obliged to follow the precedents of superior courts vertical stare decisis and should follow its own prior decisions horizontal stare decisis. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. When a decision is made by a higher court, the lower courts must follow it. Abstractstare decisis or stay with what has been decided has long been understood as a fundamental principle of common law. Their predictive powers are so strong that the predictability of courts only becomes. Jan 12, 2015 stare decisis is intended to insure that people are guided in their personal and business dealings by prior court decisions, through established and fixed principles they announce. The recognition of the doctrine has been affirmed in plethora of decided cases. Pdf the works of michel foucault have not, so far, been employed so as to enable an adequate understanding of the functioning of the law. The decision is an authority for what it actually decides.
In countries that follow the common law system, the judgments of the higher courts are treated as binding on all subordinate courts. Though the trial courts and the appellate courts have different jobs, they work together to. System of binding precedent is called stare decisis. Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The principle of stare decisis in canadian administrative law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. Precedent and the doctrine of stare decisis let the decision stand precedent and the doctrine of stare decisis let the decision stand though the trial courts and the appellate courts have different jobs, they work together to form one system of justice. Advantages and disadvantages of doctrine of stare decisis k. The principle of stare decisis is a juridical command to the courts to respect decision already made in a given area of the law. Kozel abstract stare decisis has been called many things, among them a principle of policy, a series ofprudential and pragmatic considerations. Stare decisis latin, let the decision stand refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases.
Feb 04, 2010 based on professor gall, it say that stare decisis is a latin phrase which means to stand by decisions and not to disturb settled matters. In cases of first impression unadjudicated issue a court may refer to positive law, public policy, or widely held social values to craft the decision. Decisions made in previous cases simply form part of the material which a court may take account in reaching its decision. Sep, 20 stare decisis is one of the most important doctrines in common law. Topics on the quiz include the characteristics of the american law system. The human rights act and the doctrine of precedent pdf.
The purpose of stare decisis is to promote consistent, predictable rulings on cases of similar nature. Oct 20, 2015 the latin term stare decisis refers to the doctrine of precedent, which obliges judges to make certain court decisions according to previous rulings made by a higher court in the same type of case. Mischief results when judges declare statutory provisions to be clear, insist on consistency, or orchestrate coherence from on high. Stare decisis and the rule of law university of michigan law.
Cross university of texas school of law introduction legal stability and predictability are a fundamental part of what people mean by the rule of law schwarzschild 2007, 686. It suggests that we should approach stare decisis in a layered way, looking at what the rule of law requires of the various judges involved in the development of a precedent. In the united states supreme court, the concept of stare decisis operates as both metadoctrine and doctrine. Often overlooked is the fact that stare decisis is also a. Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar current or future case. A precedent is a principle or rule established in a previous legal case that is either binding on. The principle is observed more strictly in england than in the united states. Stare decisis definition of stare decisis by merriamwebster. For stare decisis to be effective, each jurisdiction must have one highest court to declare what the law is in a precedentsetting case. Oct 10, 2007 in a lawsuit between digital sales corporation and engineering associates, inc.
Supreme court, our nations highest doctrinal authority. Stare decisis definition, examples, cases, processes. Stare decisis is latin for to stand by things decided. Stare decisis is not at all the judicial straitjacket it is sometimes imagined to be and so the very flexible approach to precedent taken by administrative decisionmakers is not only defensible but laudable.
Stare decisis reflects a policy judgment that in most matters it is more important that the applicable rule of law be settled than that it be settled right. According to the supreme court, stare decisis promotes the evenhanded, predictable, and consistent development of legal. Jan 26, 2011 the supreme court, speaking through justice d. That is the law as far as the area of jurisdiction of the cape town deeds registry is concerned. The doctrine of stare decisis g9 particular constitution, how its constitution can be changed if a change be desirable, and in what verbiage the desired changes should be couched, so that they may be effective. Judicial precedent will only be binding upon future cases depending on the hierarchy of court. Stare decisis and the rule of law peace palace library. Apr 19, 2016 with respect, it would appear that the cape town deeds registry cannot follow the ventercase, and must as required by the stare decisis rule, follow the tofie case. To stand by prechdent and not to disturb what is settled. In doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on lower court within that same jurisdiction. Reasons and importance of the rulethe policy of the courts, and the principle upon which rests the authority of judicial decisions as precedents in subsequent litigations, is embodied in the maxim, stare decisis et non quieta movere. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice.
On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. Stare decisis, repetition and understanding common. Research papers on stare decisis look at the legal term and explain its meaning. His argument against expanding brady can be contested by what i term a justificatory approach to stare decisis and a competing substantive view of due process. Supreme court jurisprudence is often entangled with the controversial. Dattu, in shanker raju vs union of india, has explained the legal concept of stare decisis. The deeds registries, similarly, are also bound by that rule. In other words a court must follow the decisions of the courts superior to it even if such decisions are clearly wrong. The policy of the courts, and the principle upon which rests the authority of judicial decisions as precedents in subsequent litigations, is embodied in the maxim, stare decisis et non quieta mnovereto abide by the pre. Precedent and the doctrine of stare decisis let the decision stand. In a lawsuit between digital sales corporation and engineering associates, inc. Stare decisis means that courts look to past, similar issues to guide their decisions.
Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. This article considers one possible good rule of law argument. Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. Stare decisis research papers stare decisis research papers look into the legal term that means that juries are required to respect the precedent established by prior decisions. The pertinent precedent on s 392 and stare decisis. This concept of treating judgments of superior courts as binding is called the doctrine of precedent or stare decisis. The name stare decisis is taken from the latin maxim, stare decisis et non quieta movere, and the trans lation of the maxim is a good definition of the rule itself.