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The rational doctrine of Stare Decisis.
STARE DECISIS (Latin: "to stand by things Decided") is the doctrinal practice of applying precedent (originally an adjective, hence "precedent case", now used largely as a noun: "a precedent") in the adjudication of later cases (disputes). This means a court is bound to follow "the point" or principle or rule of law arrived at in prior adjudication. In the first instance, this determination of law becomes binding on all other courts of equal or inferior ranking in its jurisdiction ("vertical constraint"). Precedent arises from the broad body of common law, and in particular, from case law, the latter being the collection of published eases in a given jurisdiction. ...
- Anarchy or Anglo-American jurisprudence? The doctrinal effect of stare decisis...
- Magazine article from: Florida Bar Journal Muniz, H. Michael December 1, 2002 700+ words
...doctrine at issue. Hierarchical Stare Decisis Under the doctrine of stare decisis, a legal doctrine immersed in our...Supreme Court (6) enunciated "stare decisis et non quieta movere," the common law maxim meaning let stand what is...
- A constitutional significance for precedent: originalism, stare decisis, and...
- Magazine article from: Ave Maria Law Review Price, Polly J. January 1, 2007 700+ words
...constitutional, or common law. (3) Consistency...The command of stare decisis has never been...suggest that the stare decisis property rule...invocations of the stare decisis property rule...change in the common law, at least when...
- "It is a Constitution we are expounding": stare decisis under a written...
- Perspectives on Political Science Sunderland, Lane V. June 22, 2004 700+ words
...Supreme Court: the proper role of stare decisis. As the Court confronts social change...precedent (according to the doctrine of stare decisis) when the applicable precedent is...the current Supreme Court's use of stare decisis reflects a jurisprudence of uncertainty...
- Abrogating stare decisis by statute: may Congress remove the precedential...
- Magazine article from: Yale Law Journal Paulsen, Michael Stokes May 1, 2000 700+ words
I. INTRODUCTION Stare decisis, the Supreme Court has often reminded...Court has occasionally relied on stare decisis as an apparently near-dispositive...continuing to express the view that stare decisis is not a doctrine of constitutional...
- Foolish consistency: on equality, integrity, and justice in stare decisis.
- Magazine article from: Yale Law Journal Peters, Christopher J. June 1, 1996 700+ words
...GROUNDWORK A. Two Kinds of Theory of Stare Decisis B. Consequentialist and Deontological Theories of Stare Decisis in Recent Supreme Court Cases C...Emerson(3) INTRODUCTION The rule stare decisis et non quieta movere(4) bemused...
- Stare decisis in a classical and constitutional setting: a comment on the...
- Magazine article from: Ave Maria Law Review Smith, Steven D. January 1, 2007 700+ words
The doctrine of stare decisis presents puzzles wherever it appears...concerns the relation between stare decisis and the originalist approach to...a modest doctrine or policy of stare decisis. Then, focusing in particular...
- Stare decisis, Chevron, and Skidmore: do administrative agencies have the power...
- Magazine article from: William and Mary Law Review Dame, Paul A. October 1, 2002 700+ words
...follow it. --Thomas Hobbes (1) Stare decisis provides some moorings so that men...from his landmark work Leviathan, stare Decisis (3) has fulfilled the role sketched...questions is how the venerable doctrine of stare decisis interacts with the practice of giving...
- Stare decisis v. the "new authority": the Michigan Supreme Court's practice of...
- Magazine article from: Albany Law Review Delaney, Sarah K. March 22, 2003 700+ words
...In their debates regarding stare decisis and overturning precedent, the...liberalism and conservatism. III. STARE DECISIS The Michigan Supreme Court addressed the underlying principles of stare decisis throughout the cases involved...
