Stare decisis

Judicial philosophy
Philosophy of law
Judicial activism Judicial empathy Judicial minimalism Judicial restraint Plain Meaning Rule Strict constructionism Legislative intent Living Constitution Judicial interpretation Judicial accountability Judicial supremacy Judicial independence Originalism Stare decisis Textualism

The term stare decisis is Latin for "to stand by that which is decided." The term is used to describe the legal principal that precedents - previously argued cases and court decisions - are to be followed by subsequent courts.

It is a general rule that when a point of law has been settled by decision, it forms a precedent which is not later - and certainly not lightly - to be departed from. Stare decisis is not always to be relied upon, and courts sometimes, albeit infrequently, find it necessary to overrule precedent when cases have been hastily decided, or contrary to principle.

Gravity

Given the principle's generally accepted degree of importance in the legal community, any departure from stare decisis is critically assessed for validity, and usually the court's ability to address several reasons for overturning precedent (including: age of the precedent, the extent of reliance on it and what implications would exist for overturning a prior rule, and its consistency with other related rules of law) goes a long way to imparting an air of just propriety to such departure from stare decisis.

Additional reading

• Definition from Cornell University
• Constitution Society: How stare decisis Subverts the Law
• Lectlaw definition of stare decisis
• Wikipedia:Stare decisis