Principle
The principle of stare decisis can be divided into two components.
The first is the rule that a decision made by a superior court, or by the same court in an earlier decision, is binding precedent that the court itself and all its inferior courts are obligated to follow. The second is the principle that a court should not overturn its own precedent unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts. The second principle, regarding persuasive precedent, is an advisory one that courts can and do ignore occasionally.
Read more about this topic: Binding Precedent
Famous quotes containing the word principle:
“Whether our feet are compressed in iron shoes, our faces hidden with veils and masks; whether yoked with cows to draw the plow through its furrows, or classed with idiots, lunatics and criminals in the laws and constitutions of the State, the principle is the same; for the humiliations of the spirit are as real as the visible badges of servitude.”
—Elizabeth Cady Stanton (1815–1902)
“Experimental work provides the strongest evidence for scientific realism. This is not because we test hypotheses about entities. It is because entities that in principle cannot be ‘observed’ are manipulated to produce a new phenomena
[sic] and to investigate other aspects of nature.”
—Ian Hacking (b. 1936)