The Doctrine of Stare Decisis

Dear Readers,

The topic for discussion in this post is "Doctrine of Stare Decisis"! What does it really mean and where, how and when is it used? Please dare to follow me as I will try to unveil few thruths about the Doctrine of Stare Decisis.

Stare Decisis is a legal term often used to refered to as the Doctrine of Stare Decisis. The words originates from the Latin phrase stare decisis et non quieta movere, which means "maintain what has been decided and do not alter that which has been established". According to the World Dictionary of Foreign Expression, Stare decisis means the principle of precedent where a judge is bound generally to apply principles and rules contained in earlier decisions.

For different countries as they have different leagal system, the doctrine of stare decisis depends on whether the country legal system avails the principle or not. It is known that the English and the American legal system practice the doctrine of stare decisis. In contrast, the French legal system does not practise the doctrine of stare decisis but offers instructive comparison.

The application of doctrine of stare decisis holds horizontally and vertically. Vertically, the inferior courts which conducts almost all the trial proceedings are bound to obey precedents by a superior court. E.g. a High Court to Court of Appeal; and Court of Appeal to Supreme Court. Horizontally, a judge is bound by (or at least should respect) decisions of earlier judges of similar or coordinate.

For every country whose legal system supports the Doctrine of Stare decisis, it's no mistake when you see a judge making references to previous decisions that have been upheld in the past before he or she gives aa final verdict. This is because he or she is bound by the doctrine od stare decisis. So unless it is abolished in that country, the doctrine of stare decisis will continue to hold.

For more reference, visit:

http://www.wickedlocal.com/cambridge/news/opinions/x1658506774/Guest-commentary-Stare-decisis-The-Supreme-Court-versus-the-Administration

http://en.wikipedia.org/wiki/Stare_decisis