Stare Decisis: The Bedrock of Common Law
Stare decisis, Latin for “to stand by things decided,” is a cornerstone of common law systems. This principle mandates that courts adhere to precedents established by higher courts in cases involving similar legal questions.
By following precedent, stare decisis fosters predictability, stability, and fairness in the legal system. Litigants can rely on established legal principles, reducing uncertainty and encouraging out-of-court settlements. Moreover, it ensures consistent application of the law, preventing arbitrary outcomes based on individual judges’ preferences.
However, stare decisis is not an inflexible rule. Courts retain the discretion to depart from precedent in exceptional circumstances. When a precedent is deemed to be incorrect, outdated, or incompatible with modern legal principles, courts may exercise their power to overrule it. This flexibility allows the common law to adapt to evolving societal values and circumstances.
While the principle of stare decisis is essential for maintaining legal order, its proper application requires careful judgment. Courts must balance the need for consistency with the imperative to adapt the law to changing realities.
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