What is Stare Decisis?
285 reads · Last updated: December 5, 2024
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.Stare decisis is a Latin term meaning "to stand by that which is decided."
Definition
Stare decisis is a legal principle that requires courts to follow historical cases when making a ruling on similar cases. It ensures that cases with similar scenarios and facts are approached in the same way. In simple terms, stare decisis mandates that courts adhere to legal precedents established by previous decisions. The term is Latin for 'to stand by things decided'.
Origin
Stare decisis originated in the English common law system, dating back to the medieval period. Over time, this principle has been widely adopted in common law countries, such as the United States and the United Kingdom, to ensure legal stability and predictability. By the late 19th century, stare decisis had further developed and solidified within the American legal system.
Categories and Features
Stare decisis is primarily divided into two categories: horizontal stare decisis and vertical stare decisis. Horizontal stare decisis refers to the adherence to precedent by courts of the same level, while vertical stare decisis involves lower courts following the precedents set by higher courts. The main features of stare decisis include legal stability, consistency, and predictability, which help maintain judicial fairness and public trust in the legal system. However, strict adherence can lead to legal rigidity, making it difficult to adapt to societal changes.
Case Studies
In the United States, the case of Brown v. Board of Education (1954) is a classic example of the application of stare decisis. Although the earlier case of Plessy v. Ferguson (1896) established the 'separate but equal' doctrine, the Brown case overturned this precedent, demonstrating that stare decisis can be re-evaluated to accommodate social progress. Another example is Roe v. Wade (1973), which established the legal precedent for women's abortion rights. Despite recent challenges to this precedent, it remains a significant illustration of stare decisis.
Common Issues
Investors or legal practitioners might encounter issues such as determining whether a case is applicable under stare decisis and when it is appropriate to deviate from precedent. Typically, courts will only deviate from precedent when it is clearly unsuitable for the current social or legal environment. Additionally, a common misconception is viewing stare decisis as an unchangeable legal rule.
