👩⚖️ Introduction
📁 History of Stare Decisis
📖 Types of Precedent
⚖️ Operation of Stare Decisis in the English Courts
🪢 Exceptions to Stare Decisis
😌 Advantages and Disadvantages of Stare Decisis
📹 Videos: 4 videos
🎧 Podcasts: 2 podcasts
🧠 Flowcharts / Mind Maps: 1 flowchart
👩⚖️ Introduction
Definition of Stare Decisis
The term stare decisis is derived from the Latin phrase stare decisis et non quieta movere, meaning "to stand by things decided and not disturb settled matters." In legal terms, stare decisis is the principle that courts should follow established precedents set by previous decisions in higher courts or courts of the same hierarchy, provided they involve similar facts or legal issues.
This doctrine is fundamental in common law systems, where the decisions made in earlier cases—referred to as precedents—form an essential part of the law.
[Video 1] Introduction to Stare Decisis
In simpler terms, stare decisis ensures that when courts face a legal question that has already been decided in a prior case, they are bound to follow that decision. For instance, if the Supreme Court or a higher appellate court has ruled on a specific point of law, lower courts are expected to apply that ruling in subsequent cases involving the same legal issue.
By adhering to precedent, the courts maintain a coherent and consistent legal system, minimising the risk of conflicting rulings and encouraging fairness in legal decision-making.
While binding in most instances, stare decisis also allows some flexibility. Courts, particularly appellate courts, can distinguish cases on their facts or decide not to follow earlier decisions if they find that the legal reasoning in the precedent was flawed or outdated. However, these instances are relatively rare and often involve legal reforms or societal changes.
Importance of Stare Decisis in English Common Law
In English common law, stare decisis plays a crucial role in shaping the development of the legal system.
The hierarchical structure of courts in England means that decisions of higher courts, such as the Supreme Court (formerly the House of Lords), are binding on lower courts, including the Court of Appeal, High Court, and various tribunals and magistrates court. This vertical binding ensures that legal principles established at the highest level filter down through the system, creating uniformity in how laws are interpreted and applied.