Definition
Stare decisis, meaning “to stand by things decided,” encourages courts to follow precedent when similar legal questions arise.
Political Dictionary
Stare Decisis
Stare decisis is the principle that courts generally follow prior decisions.
Why It Matters
It promotes stability, predictability, consistency, and public confidence in the legal system.
How It Works
Courts compare the current case with earlier decisions and consider factors such as reliance, workability, and doctrinal consistency before departing from precedent.
History
The principle developed in common-law systems and became central to American judging.
Example
A court may follow an earlier ruling interpreting a federal statute.
Common Misconceptions
- Precedent can never be overruled.
- Stare decisis applies identically in every court.
- Any earlier case is binding on every later court.
Related Terms
Related Topics
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