Stare Decisis - Revision history

Ibjadmin: /* United States */

2011-02-21T14:51:36Z

United States

← Older revision		Revision as of 16:51, 21 February 2011
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	==United States==		==United States==
	''Stare Decisis'' plays a significant role in criminal jurisprudence in the United States with both horizontal and vertical ''stare decisis'' functioning at the state and federal levels. However, the United States Supreme Court abandoned a strict interpretation of ''stare decisis'' as early as 1938.<ref>See for example, Erie Railroad Company v. Tompkins, (1938) 304 U.S. 64, which overruled Swift v.Tyson, (1842) 16 Pet. 1, 10 L. ed. 865</ref>.Increasingly, reliance on ''stare decisis'' is unnecessary as many states move towards formalized criminal procedure codes.		''Stare Decisis'' plays a significant role in criminal jurisprudence in the [[United States]] with both horizontal and vertical ''stare decisis'' functioning at the state and federal levels. However, the United States Supreme Court abandoned a strict interpretation of ''stare decisis'' as early as 1938.<ref>See for example, Erie Railroad Company v. Tompkins, (1938) 304 U.S. 64, which overruled Swift v.Tyson, (1842) 16 Pet. 1, 10 L. ed. 865</ref>.Increasingly, reliance on ''stare decisis'' is unnecessary as many states move towards formalized criminal procedure codes.

	=Notes=		=Notes=
	<references/>		<references/>

Ibjadmin: /* France */

2011-02-21T14:51:25Z

France

← Older revision		Revision as of 16:51, 21 February 2011
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	==France==		==France==
	The concept of ''stare decisis'' has not been formally incorporated into the French criminal justice system although as a practical matter, lower courts often follow the decisions of the higher ''Cour of Cassation'' (Appeals Court).		The concept of ''stare decisis'' has not been formally incorporated into the [[France \|French criminal justice system]] although as a practical matter, lower courts often follow the decisions of the higher ''Cour of Cassation'' (Appeals Court).

	==Germany==		==Germany==

Ibjadmin: /* England */

2011-02-21T14:51:07Z

England

← Older revision		Revision as of 16:51, 21 February 2011
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	The Austrian Civil Code specifically provides that the courts may look took other decisions "... where a case cannot be decided either according to the literal text or the plain meaning of a statute, regard shall be had to the statutory provisions concerning similar cases and to the principles which underlie other laws regarding similar matters."<ref> Austrian Civil Code, Section 7</ref>		The Austrian Civil Code specifically provides that the courts may look took other decisions "... where a case cannot be decided either according to the literal text or the plain meaning of a statute, regard shall be had to the statutory provisions concerning similar cases and to the principles which underlie other laws regarding similar matters."<ref> Austrian Civil Code, Section 7</ref>

	==[[England]]==		==England==
	England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>		England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>

Ibjadmin: /* England */

2011-02-21T14:50:56Z

England

← Older revision		Revision as of 16:50, 21 February 2011
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	The Austrian Civil Code specifically provides that the courts may look took other decisions "... where a case cannot be decided either according to the literal text or the plain meaning of a statute, regard shall be had to the statutory provisions concerning similar cases and to the principles which underlie other laws regarding similar matters."<ref> Austrian Civil Code, Section 7</ref>		The Austrian Civil Code specifically provides that the courts may look took other decisions "... where a case cannot be decided either according to the literal text or the plain meaning of a statute, regard shall be had to the statutory provisions concerning similar cases and to the principles which underlie other laws regarding similar matters."<ref> Austrian Civil Code, Section 7</ref>

	==England==		==[[England]]==
	England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>		England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>

Ibjadmin: /* Application */

2011-02-21T14:48:53Z

Application

← Older revision		Revision as of 16:48, 21 February 2011
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	In comparison, civil law judges are generally not constrained by the decisions of higher courts. However in practice, the differences are often oversold. As a practical matter, both civil law and common law judges use horizontal and vertical cases to inform their own decisions. <ref>Peczenik A, 'The Binding Force of Precedents', in: Interpreting Precedents: A Comparative Study,MacCormick ND, Summers RS (eds.), Ashgate Dartmouth, Sydney, 1997 at 461.</ref>		In comparison, civil law judges are generally not constrained by the decisions of higher courts. However in practice, the differences are often oversold. As a practical matter, both civil law and common law judges use horizontal and vertical cases to inform their own decisions. <ref>Peczenik A, 'The Binding Force of Precedents', in: Interpreting Precedents: A Comparative Study,MacCormick ND, Summers RS (eds.), Ashgate Dartmouth, Sydney, 1997 at 461.</ref>

	=Application=		=Country-Specific Application=

	==Austria==		==Austria==

Ibjadmin: /* Vertical Stare Decisis */

2011-02-21T14:48:05Z

Vertical Stare Decisis

← Older revision		Revision as of 16:48, 21 February 2011
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	Horizontal ''stare decisis'' refers to the idea that a court should be bound by its own decisions.		Horizontal ''stare decisis'' refers to the idea that a court should be bound by its own decisions.

	=Vertical Stare Decisis=		=Vertical ''Stare Decisis''=
	Verticla ''stare decisis'' refers to the concept that lower courts are bound by the decisions of higher courts.		Verticla ''stare decisis'' refers to the concept that lower courts are bound by the decisions of higher courts.

Ibjadmin: /* Horizontal Stare Decisis */

2011-02-21T14:47:55Z

Horizontal Stare Decisis

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	Proponents of ''stare decisis'' argue that the system leads to greater predictability. For others, ''stare decisis'' arguably leads to the perpetuation of irrational or wrongly decided decisions. In the United States it has been said that judges use ''stare decisis'' when it follows the outcome of the case they wish to see.		Proponents of ''stare decisis'' argue that the system leads to greater predictability. For others, ''stare decisis'' arguably leads to the perpetuation of irrational or wrongly decided decisions. In the United States it has been said that judges use ''stare decisis'' when it follows the outcome of the case they wish to see.
	<blockquote>The obligation to follow precedent begins with necessity, and a contrary necessity marks its outer limit. With Cardozo, we recognize that no judicial system could do society's work if it eyed each issue afresh in every case that raised it. ... Indeed, the very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is, by definition, indispensable. ... At the other extreme, a different necessity would make itself felt if a prior judicial ruling should come to be seen so clearly as error that its enforcement was for that very reason doomed. <Ref>Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833 (1992)</ref> </blockquote>		<blockquote>The obligation to follow precedent begins with necessity, and a contrary necessity marks its outer limit. With Cardozo, we recognize that no judicial system could do society's work if it eyed each issue afresh in every case that raised it. ... Indeed, the very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is, by definition, indispensable. ... At the other extreme, a different necessity would make itself felt if a prior judicial ruling should come to be seen so clearly as error that its enforcement was for that very reason doomed. <Ref>Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833 (1992)</ref> </blockquote>
	=Horizontal Stare Decisis=		=Strict ''Stare Decisis''=
			Strict ''stare decisis'' refers to the idea that courts should always follow their own decisions and decisions of higher courts, regardless of whether those decisions are sound in judgment. The concept of strict ''stare decisis'' has generally been rejected by courts around the globe.

			=Horizontal ''Stare Decisis''=
	Horizontal ''stare decisis'' refers to the idea that a court should be bound by its own decisions.		Horizontal ''stare decisis'' refers to the idea that a court should be bound by its own decisions.

Ibjadmin: /* England */

2011-02-21T14:46:43Z

England

← Older revision		Revision as of 16:46, 21 February 2011
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	==England==		==England==
	England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>		England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>


	==France==		==France==

Ibjadmin: /* Application */

2011-02-21T14:46:35Z

Application

← Older revision		Revision as of 16:46, 21 February 2011
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	=Application=		=Application=

			==Austria==
			The Austrian Civil Code specifically provides that the courts may look took other decisions "... where a case cannot be decided either according to the literal text or the plain meaning of a statute, regard shall be had to the statutory provisions concerning similar cases and to the principles which underlie other laws regarding similar matters."<ref> Austrian Civil Code, Section 7</ref>

			==England==
			England formally abandoned the concept of strict ''stare decisis'' in 1966. <Ref>Dawson's Settlement, Lloyds Bank, Ltd. v. Dawson and Others (1966) 1 W.L.R. 1234.</ref>


	==France==		==France==
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	==United States==		==United States==
	''Stare Decisis'' plays a significant role in criminal jurisprudence in the United States with both horizontal and vertical ''stare decisis'' functioning at the state and federal levels. Increasingly, reliance on ''stare decisis'' is unnecessary as many states move towards formalized criminal procedure codes.		''Stare Decisis'' plays a significant role in criminal jurisprudence in the United States with both horizontal and vertical ''stare decisis'' functioning at the state and federal levels. However, the United States Supreme Court abandoned a strict interpretation of ''stare decisis'' as early as 1938.<ref>See for example, Erie Railroad Company v. Tompkins, (1938) 304 U.S. 64, which overruled Swift v.Tyson, (1842) 16 Pet. 1, 10 L. ed. 865</ref>.Increasingly, reliance on ''stare decisis'' is unnecessary as many states move towards formalized criminal procedure codes.

	=Notes=		=Notes=
	<references/>		<references/>

Ibjadmin: /* United States */

2011-02-21T14:38:55Z

United States

← Older revision		Revision as of 16:38, 21 February 2011
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	==United States==		==United States==
	''Stare Decisis'' plays a significant role in criminal jurisprudence in the United States.		''Stare Decisis'' plays a significant role in criminal jurisprudence in the United States with both horizontal and vertical ''stare decisis'' functioning at the state and federal levels. Increasingly, reliance on ''stare decisis'' is unnecessary as many states move towards formalized criminal procedure codes.

	=Notes=		=Notes=
	<references/>		<references/>