Stare Decisis Refers to the Process of Ordering a Lower Court to Send a Case Up for Review
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Stare decisis is a Latin term that means "to stand by that which is decided." The term is used to describe the legal principle that precedents, previously argued cases and court decisions, are to be followed past subsequent courts.[1]
It is a general dominion that when a point of law has been settled past decision information technology forms a precedent, which is non later, and certainly non 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 accept been hastily decided or decided contrary to principle. In the United states of america, courts seek to follow precedent as frequently as possible in order to maintain stability and continuity in the law. Devotion to stare decisis is considered a marker of judicial restraint, limiting a judge's ability to determine the outcome of a case in a way that he or she might cull if it were a matter of first impression.[2]
Horizontal and vertical stare decisis
The doctrine of stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own prcedent, whereas a courtroom engages in vertical stare decisis when it applies precedent from a college court.[three] In the United States, the U.S. Supreme Court is the highest potency with regard to stare decisis. The U.South. Supreme Court and the state supreme courts act to set new precedents and deal with issues of conflicting interpretations of the police.[two]
Overturning precedent
Given the widely accepted importance of the principle, departures from stare decisis are strongly critically assessed. When a supreme court makes the decision not to apply a previously set precedent, it is generally considering a prior decision has been plant to exist unworkable in a specific example or because pregnant social changes have occurred. Such decisions are relatively rare and the overturning of precedent is exercised with caution.[three]
When the U.S. Supreme Court overturns a precedent that it set in a prior case, the new ruling tends to indicate that the Court has shifted its stance significantly in favor of a different approach to a major legal issue. For instance, in the instance of Plessy five. Ferguson the Supreme Court established a doctrine of carve up-but-equal for issues of racial segregation, which became the legal standard for such cases. Later, in Brown v. Board of Education, the Courtroom reexamined the upshot of segregation and chose to renounce the split-but-equal doctrine, instead ruling racial segregation to be unconstitutional.[2]
Judicial philosophy and the function of stare decisis
Those who support heavy reliance on stare decisis argue that benefits of the doctrine include a predictable and consistent development of legal principles and greater perceived integrity of the legal process. Additionally, reliance on stare decisis ways that it is not necessary for courts to continuously reexamine the primal principles of the law, which increases the efficiency of the legal process.[three]
Critics of stare decisis claim that the doctrine may create an undue corporeality of inertia in the legal system, arguing that the trunk of the police force ought to be able to rapidly arrange to social changes and that strict adherence to precedent may delay important legal adaptations. Furthermore, critics argue that, if a precedent-setting conclusion were made that was not legally sound, adhering to stare decisis could forbid the error from being remedied as well every bit allowing the unsound decision to continue to influence subsequent laws.[3] Some also debate that court rulings are inherently political and may exist poorly worded or even wrongly decided. These critics debate that since rulings are not necessarily unbiased or well-thought-out decisions, past rulings therefore ought not be granted the ability that they are given past the doctrine of stare decisis.[4]
See also
- Index of terms
- Knowing your Latin
- Precedent
- Philosophy of law
- Judicial activism
- Judicial restraint
- United States Supreme Court
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Footnotes
- ↑ Merriam Webster Dictionary, "Stare decisis definition," accessed December nine, 2015
- ↑ 2.0 2.i two.ii The Complimentary Lexicon, "Stare decisis definition," accessed December ix, 2015
- ↑ 3.0 3.1 three.2 3.3 Cornell Law School, "Stare decisis," accessed December 9, 2015
- ↑ Constitution Social club, "How stare decisis Subverts the Law," June 10, 2000
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