Stare Decisis is a legal doctrine that means “to stand by things decided.” It refers to the principle that courts should follow precedent when making decisions in new cases, ensuring consistency and predictability in the law. This doctrine is fundamental in common law systems.
Legal Context
Under Stare Decisis, courts are generally bound by the decisions of higher courts within the same jurisdiction on similar issues. This creates a stable and orderly development of legal principles. However, courts may overturn precedent if it is deemed outdated or incorrect, though this is rare and typically reserved for higher courts.
Example
For instance, if a court in a previous case ruled that a specific type of contract clause is unenforceable, lower courts are expected to apply that same rule in similar cases, following the precedent set by the earlier decision. This ensures that similar cases are treated similarly, promoting fairness and legal certainty.
