The Doctrine of Stare Decisis





The Doctrine of Stare Decisis

The doctrine of stare decisis constitutes a legal tenet through which judges have the obligation to consider the precedent set by past decisions. Within a law-based setting, the respective dogma instructs courts to abide by historical decisions and therefore, avert from disrupting settled matters. Usually, courts utilize stare decisis in cases where there is an already established verdict for an issue brought previously in litigation. Additionally, under the canon, the verdict established by a court with higher authority functions as obligatory authority on lower courts within a similar jurisdiction. The judgment of courts within another jurisdiction solely operates as convincing authority. The level of persuasiveness depends on a range of factors, with the foremost comprising the temperament of the different jurisdiction. Another factor responsible for the level of persuasiveness involves the degree of the court. Accordingly, the degree of court is imperative due to its involvement in ruling a precedent case within the respective jurisdiction.

Aside from the delineation of stare decisis, the doctrine poses a solid implication on the American legal system. In relation to this, stare decisis correlates to a case holding, rather than the sentiments of obiter dicta. Based on the judicial interpretation of the Supreme Court, dicta can only be used if it is considerably persuasive, but nonetheless,unbinding. Hence, within the American legal system, the tenet of stare decisis applies in a large number of constitutional litigations due to its significant flexibility. Furthermore, the legal structure considers the principle as an intelligent policy. This is because of the importance of settling applicable Rule of Law instead of it settling it correctly. In addition, the Supreme Court has also experienced null constraints while utilizing precedents in order to determine the verdict of present cases.

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