Stare Decisis
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. This means that courts should handle cases with similar circumstances and facts in the same way, ensuring consistency and predictability in the law. In simple terms, Stare Decisis mandates that courts adhere to legal precedents established by previous decisions.
Origin: Stare Decisis originated in the English common law system, dating back to the 12th century. Over time, this principle was adopted by other legal systems, particularly in common law countries. The Latin term “Stare Decisis” means “to stand by things decided,” reflecting its core idea.
Categories and Characteristics: Stare Decisis can be divided into two main categories: horizontal stare decisis and vertical stare decisis.
- Horizontal Stare Decisis: Refers to the adherence to precedent among courts of the same level. For example, an appellate court in a state should follow the decisions of other appellate courts in the same state.
- Vertical Stare Decisis: Refers to lower courts following the decisions of higher courts. For instance, a district court should follow the rulings of the Supreme Court.
- Consistency: Ensures that similar cases are treated the same way, maintaining stability and predictability in the law.
- Efficiency: Reduces the time and resources courts spend on cases by referencing existing decisions.
- Fairness: Ensures that parties in different cases are treated fairly by adhering to precedents.
Examples:
- Example 1: In the United States, the case of Brown v. Board of Education (1954) overturned the “separate but equal” doctrine established by Plessy v. Ferguson (1896), ruling that racial segregation in public schools was unconstitutional. Although Stare Decisis requires following precedents, the Supreme Court found the previous ruling no longer applicable and made a new decision.
- Example 2: In the United Kingdom, the case of Donoghue v. Stevenson (1932) established the modern tort law principle of the “neighbor principle,” which holds that manufacturers owe a duty of care to the ultimate consumers. This principle has been widely followed in subsequent tort cases in the UK.
Common Questions:
- Q: Does Stare Decisis mean that all precedents must be followed?
A: Not necessarily. If a precedent is deemed incorrect or no longer applicable, courts can choose to overturn or modify it. - Q: Is Stare Decisis applicable in all legal systems?
A: Stare Decisis is primarily applicable in common law countries. In civil law countries, the law relies more on written statutes than on case precedents.
