The doctrine of stare decisis is of Latin origin precisely when it become a distinctly established doctrine of English law is not easy to determine.
The reporter summarize the ratio decidendi thus’’ wherefore upon the trust agreement it was adjudged for defendant for said that those things which have so often adjudicated ought to rest in peace. This seems to be very accurate condemned expression of the doctrine.
The doctrine of precedent refers the doctrine that the court is to follow judicial decisions in earlier cases when some question or point is raised before it in subsequent matter.
According to salmand the phrase the doctrine of precedent has two meaning.
- The way in which in which decide what it is that is binding in earlier decisions.
- The extent to which and the circumstances in which highest court should feel free to depend from his own previous decisions.
Stare decisis (let the decision stand) In Anglo American law. Presumable that question once considered by court and answered must elicit the same response each time the same …… brought before the court. The principle is obtained more strictly in New Zealand then in the United States since no court decision can have universal application. The concept in routine must often decide that previous decision does not apply to particular case even though the fact in issue appear to be closely similar.
A strict application of stare decisis may lead to rigidity and to legal hair splitting, whereas too much flexibility may result in uncertainty as to the law. Case law so called as the decision of the court seems as a very important source of law especially in countries following the common law, of adjudication. In countries that follow the common law system the judgment of higher court are treated as binding on all sub-ordinate courts this concept of treating as superior courts judgment as binding is called the doctrine of precedent or stare decisis .
The basic reason behind the doctrine of stare decisis is the maintenance of consistency and certainty predictability, stability in law and considered to the major objectives of the legal system and doctrine of stare decisis aim achieving these objectives.
Understanding the ……….. Of precedent for
The common law mind seeped is the tradition of progressive advancement on progressive refund reason there is a self evident quality to the notion of precedent.
Precedent- primary desire for and in system of law justified expectation of rationality, regularity and ……………
At its most elemental level it satisfies the impulse that all other thing being equal. legal system is better advice to resolve matter firmly and finally normatively appealing for solution on case for case basis, in the same vein adherence to precedent to precedents fosters the orderly and efficient administration of justice by discussing by successive relation of issue that have already been authoritatively resolved, finally stare decisis serve to sustain the public himself in principle law bound judiciary.
This Doctrine to discover legal arguments that precedent were wrongly decided , especially they are precedents were established at highest level in the appeal hierarchy and n dew and excuse litigants , distinguish their case do not apply to present
‘Stare Decisis’
‘How to follow and distinguish’
Stare decisis is a Latin term meaning to stand by that which is decided.
It is known as a “noun”
Definition”.
What is “precedent”?
Precedent referrers to a court decision that is considered as authority for deciding subsequent cases involving similar facts as similar legal issues…
Actually stare decisis is a legal doctrine that obligates courts to follow historical cases with similar scenarios and facts are approached in the same ways.
How to follow and distinguish?
Stare decisis can be follow and distinguish through common law, constitutional and statutory cases.
The doctrine of stare decisis assuming that you see it as a policy choice.