Stare decisis

Stare decisis (Latin:{{IPA|}}, Anglicisation:{{IPA|}}, "to stand by things decided") is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law.

Related Topics:
Latin - Anglicisation - Latin legal term - Common law - Court - Precedent - Case law

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This doctrine is not held within most civil law jurisdictions as it is argued that this principle interferes with the right of judges to interpret law and the right of the legislature to make law. Most such systems, however, recognize the concept of jurisprudence constante, which argues that even though judges are independent, they should rule in a predictable and non-chaotic manner. Therefore, judges' right to interpret law does not preclude the adoption of a small number of selected binding case laws.

Related Topics:
Civil law - Jurisdiction - Judge - Legislature - Jurisprudence constante

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