Cameron Miranda
The doctrine of stare decisis, meaning to stand by things decided in Latin, is a fundamental principle in law that mandates courts adhere to precedent in their decision-making. While stare decisis ensures legal consistency and stability, it may also impede the evolution of the law as societal beliefs and conditions change. This tension raises the question of how a law established by precedent can be changed. While courts seldom overrule precedent, they may do so when prior decisions are unworkable or badly reasoned, particularly in constitutional cases. Additionally, the existence of a relevant precedent may not always make a normative difference in a later court's decision, as civil law courts, for example, can reach legally justified decisions even when contravening or ignoring precedent. This flexibility allows for the advancement of the rule of law, ensuring that the law can adapt to evolving cultural, social, and economic conditions.
| Characteristics | Values |
|---|---|
| Courts adhering to precedent | Horizontal stare decisis |
| Courts adhering to precedent from a higher court | Vertical stare decisis |
| Courts not obliged to follow precedent | Not a mechanical formula |
| Courts overruling precedent | Unworkable or badly reasoned previous decisions |
| Courts overruling precedent | Inapplicable to specific cases |
| Courts overruling precedent | Evolving cultural, social, and economic conditions |
| Courts overruling precedent | Strong grounds to do so |
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What You'll Learn
Horizontal stare decisis
Stare decisis is a doctrine in the American legal system that holds that courts will adhere to precedent when making their decisions. The term stare decisis means "to stand by things decided" in Latin.
While stare decisis promotes the consistent development of legal principles and contributes to the integrity of the judicial process, it is not an "inexorable command". In certain situations, a court may choose to depart from or overturn a previous ruling. For instance, in Cooks v. State, it was noted that while stare decisis is a "wholesome" rule, it should not be used to "sanctify and perpetuate error". Judges may offer reasons or legal nuances to avoid following precedents or overturn prior rulings if they believe that following precedent would lead to unjust outcomes.
In conclusion, horizontal stare decisis is an important aspect of the American legal system that helps ensure consistency and predictability in judicial decision-making. However, it is not absolute, and courts may depart from precedent in certain circumstances.
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Vertical stare decisis
The idea of vertical stare decisis is that the decisions of higher courts take precedence over those of lower courts. This is an important part of what makes the Supreme Court the highest court in the land. The Supreme Court has described the rationale behind stare decisis as promoting "the evenhanded, predictable, and consistent development of legal principles, fostering reliance on judicial decisions, and contributing to the actual and perceived integrity of the judicial process".
The doctrine of vertical stare decisis operates alongside horizontal stare decisis. Horizontal stare decisis refers to a court adhering to its own precedent or the precedent of another court at the same level. For example, if the Seventh Circuit Court of Appeals followed the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. Horizontal stare decisis is generally considered to be less binding than vertical stare decisis.
While courts seldom overrule precedent, it is not an absolute rule. The U.S. Supreme Court has stated that stare decisis is not an "inexorable command". In certain cases, the Supreme Court may not follow precedent, particularly if prior decisions are "unworkable or are badly reasoned". This is especially true in constitutional cases. For example, in Seminole Tribe of Florida v. Florida, the Supreme Court declined to follow precedent and asserted its supremacy over lower courts.
There are several theories that attempt to explain the justifications for, and scope of, vertical stare decisis. The Appellate Jurisdiction Theory posits that a court is only required to apply the precedent of tribunals with appellate jurisdiction over a particular matter. On the other hand, the Structural Theory argues that a lower court must presumptively follow the precedent of superior courts within the judicial hierarchy. A third theory, the Hybrid Theory, combines elements of the other two, suggesting that a court must follow the precedent of tribunals with appellate jurisdiction over its rulings or those that are superior within the constitutional and statutory structure of the judiciary.
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Overruling precedent
Overruling a precedent is a rare occurrence, but it does happen when prior decisions are deemed "unworkable or badly reasoned", particularly in constitutional cases. This was explained by the US Supreme Court in Seminole Tribe of Florida v. Florida.
The principle of stare decisis, which means "to stand by things decided" in Latin, is a fundamental self-governing principle within the judicial branch. It ensures that laws don't change randomly and helps maintain the integrity of the judicial process. However, stare decisis is not an "inexorable command", and there are times when it may impede the general advancement of the law. As society and its beliefs change, the application of the law must also evolve to remain relevant and just.
Courts are not always obligated to follow precedent, and there is an ongoing debate about the extent to which later courts should adhere to previous rulings. While stare decisis provides stability and consistency, it may also result in incorrect decisions in certain cases. Aleksander Peczenik identifies four roles that precedents can play: (i) formally binding, (ii) having normative force but not formally binding, (iii) neither binding nor having normative force but providing 'further support', and (iv) illustrating points of law.
In some instances, a court may choose to replicate a decision that is substantively incorrect, especially if the precedent cannot be distinguished. This can occur when a later court adjudicates under the persuasive mode instead of the authoritative mode, prioritizing deciding cases correctly over adhering to precedent.
Ultimately, the decision to overrule a precedent rests with the courts, and it is a power that is exercised sparingly to ensure stability and predictability in the law.
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Advancing the rule of law
The Role of Precedent
Stare decisis, derived from Latin, means "to stand by things decided". This principle dictates that courts adhere to precedent when making decisions. Horizontal stare decisis refers to a court following its own previous rulings, while vertical stare decisis involves lower courts abiding by the decisions of higher courts. This doctrine ensures predictability and consistency in the law, preventing arbitrary changes.
Flexibility and Adaptation
While stare decisis provides stability, the law must also adapt to societal evolution. The "one size fits all" nature of stare decisis may impede the advancement of the law as social, cultural, and economic conditions change. Courts must balance adhering to precedent with the need to interpret the law in light of evolving contexts. This flexibility ensures that the law remains dynamic and responsive to the needs of society.
Overturning Precedent
In extraordinary circumstances, courts can overturn precedent. The US Supreme Court has stated that stare decisis is not an "inexorable command". When previous decisions are deemed "unworkable or badly reasoned", particularly in constitutional cases, the Supreme Court may depart from precedent. This power is essential for correcting unjust or outdated legal principles.
Comparative Analysis
Comparing civil law and common law jurisdictions can provide insights into the role of precedent. Aleksander Peczenik's analysis concluded that precedents can bind formally, have normative force without formal binding, provide 'further support', or illustrate points of law. This highlights that the existence of precedent may not always be the deciding factor in a court's decision, allowing for flexibility and the advancement of the rule of law.
Judicial Interpretation
The interpretation of precedent is not always straightforward. Scholars debate whether later courts are obligated to apply the legal rule provided by the ratio decidendi of a precedent or to treat it as correctly decided on its facts. This interpretation can significantly impact how precedent influences future decisions. A later court must respect the earlier court's treatment of facts and factors while rendering a consistent decision.
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Changing social conditions
The law is not static; it is dynamic and ever-evolving. This is especially true when it comes to adapting to changing social conditions. In common law systems, judges are not absolutely bound by precedent, and stare decisis ("to stand by things decided") is the doctrine that guides judges to adhere to past decisions when similar cases arise. However, in certain situations, judges can and do reinterpret and revise the law to adapt to new trends in social philosophy.
In the United States, the Supreme Court has emphasised that stare decisis is not an "inexorable command". In the case of Seminole Tribe of Florida v. Florida, the Court noted that when prior decisions are "unworkable or are badly reasoned", they may be overruled, especially in constitutional cases. This flexibility is crucial for adapting to changing social conditions.
In England, the House of Lords, which was the court of last appeal outside Scotland until it was replaced by the UK Supreme Court, issued a Practice Statement in 1966 that allowed itself to adapt English law to meet evolving social circumstances. This was demonstrated in the case of R v G [2003] UKHL 50, where the House of Lords overruled its 1981 decision in R v Caldwell, showcasing its willingness to adapt to contemporary social norms.
Tort cases, particularly those involving personal injuries, are another example of the judiciary's responsiveness to changing social conditions. Courts are more willing to re-examine established precedent in these cases to achieve justice in a modern context. For instance, in Gallagher v. St. Raymond's Roman Catholic Church, the Court of Appeals held that the owner of a public building has a duty to keep exterior steps illuminated for the safety of the public, reflecting an acknowledgment of evolving societal expectations.
The evolution of common law is a gradual process that unfolds over time, reducing disruption. This evolutionary nature ensures that laws can adapt to changing social conditions without abrupt breaks. This adaptability is essential for a legal system that aims to remain relevant and just in a dynamic social landscape.
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Frequently asked questions
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. It means "to stand by things decided" in Latin.
There are two types of stare decisis: horizontal and vertical. Horizontal stare decisis refers to a court adhering to its own precedent. Vertical stare decisis, on the other hand, refers to a court applying precedent from a higher court.
Yes, while courts seldom overrule precedent, it is not an "inexorable command". The US Supreme Court has stated that when prior decisions are "unworkable or are badly reasoned", particularly in constitutional cases, they may choose not to follow precedent.
The argument for following precedent is that it promotes the even-handed, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process. However, some argue that stare decisis may impede the general advancement of the law as society and its beliefs change.
In Brown vs Board of Education, the Supreme Court overruled the longstanding 'separate but equal' doctrine established in Plessy v. Ferguson (1896), which had permitted legalized segregation. The judgement declared that 'separate educational facilities are inherently unequal' and recognized the harm inflicted by segregation on African American children.
