Stare Decisis: Difference between revisions
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''Stare decisis'' is a common-law concept derived from the Latin maxim ''Stare decisis et non quieta movere'': "to stand by decisions and not disturb the undisturbed." In common law legal systems, the judiciary plays an important role in creating law and interpreting legislative enactments. Under the principal of ''stare decisis'' lower courts must follow the decisions of their supervising courts as long as the two cases are factually identical. If the lower court is unable to distinguish their case from a controlling decision, the case holding is said to be binding on the lower courts. | ''Stare decisis'' is a common-law concept derived from the Latin maxim ''Stare decisis et non quieta movere'': "to stand by decisions and not disturb the undisturbed." In common law legal systems, the judiciary plays an important role in creating law and interpreting legislative enactments. Under the principal of ''stare decisis'' lower courts must follow the decisions of their supervising courts as long as the two cases are factually identical. If the lower court is unable to distinguish their case from a controlling decision, the case holding is said to be binding on the lower courts. Lawyers often take great pains to separate the holding (which is binding on lower courts) from so-called dicta (language in the decision which is not binding on lower courts). | ||
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 comparison, civil law judges are generally not constrained by the decisions of higher courts. | In comparison, civil law judges are generally not constrained by the decisions of higher courts. | ||
Revision as of 14:57, 21 February 2011
Stare decisis is a common-law concept derived from the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed." In common law legal systems, the judiciary plays an important role in creating law and interpreting legislative enactments. Under the principal of stare decisis lower courts must follow the decisions of their supervising courts as long as the two cases are factually identical. If the lower court is unable to distinguish their case from a controlling decision, the case holding is said to be binding on the lower courts. Lawyers often take great pains to separate the holding (which is binding on lower courts) from so-called dicta (language in the decision which is not binding on lower courts).
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 comparison, civil law judges are generally not constrained by the decisions of higher courts.
