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:
“You may call a jay a bird. Well, so he is, in a measurebecause hes got feathers on him, and dont belong to no church, perhaps; but otherwise he is just as much a human as you be. And Ill tell you for why. A jays gifts and instincts, and feelings, and interests, cover the whole ground. A jay hasnt got any more principle than a Congressman.”
—Mark Twain [Samuel Langhorne Clemens] (18351910)
“The principle of the Gothic architecture is infinity made imaginable.”
—Samuel Taylor Coleridge (17721834)
“Custom, then, is the great guide of human life. It is that principle alone, which renders our experience useful to us, and makes us expect, for the future, a similar train of events with those which have appeared in the past.”
—David Hume (17111776)