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:
“We seem to be pariahs alike in the visible and the invisible world, with no foothold anywhere, though by every principle of government and religion we should have an equal place on this planet.”
—Elizabeth Cady Stanton (1815–1902)
“To invent without scruple a new principle to every new phenomenon, instead of adapting it to the old; to overload our hypothesis with a variety of this kind, are certain proofs that none of these principles is the just one, and that we only desire, by a number of falsehoods, to cover our ignorance of the truth.”
—David Hume (1711–1776)
“The principle of all sovereignty resides essentially in the nation.”
—French National Assembly. Declaration of the Rights of Man (Sept. 1791)