Anaya Nolan
The doctrine of stare decisis is a foundational concept in the American legal system, requiring courts to adhere to precedent in making their decisions. The term, derived from Latin, means let the decision stand or to stand by things decided. The doctrine operates both horizontally and vertically, with vertical stare decisis holding that decisions of higher courts take precedence over those of lower courts, while horizontal stare decisis dictates that a court must follow its own prior decisions. While stare decisis contributes to the integrity of the legal system by lessening the need for litigation and preventing arbitrary decision-making, critics argue that it may impede the advancement of the law as society and its beliefs evolve.
| Characteristics | Values |
|---|---|
| Definition | "To stand by things decided" or "let the decision stand" |
| Doctrine | Courts will adhere to precedent in making their decisions |
| Purpose | Promote "evenhanded, predictable, and consistent development of legal principles" |
| Impact | Lessens the need for subsequent litigation, saving time and energy of the judiciary |
| Bias | Prevents judges from acting arbitrarily or with bias |
| Consistency | Contributes to the integrity of the legal system and government |
| Flexibility | May impede the advancement of law as society and beliefs change |
| Hierarchy | Vertical stare decisis binds lower courts to follow decisions of higher courts |
| Exception | Horizontal stare decisis allows courts to overrule themselves in exceptional circumstances |
| Super Precedents | Some opinions are considered permanent and impervious to overruling |
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What You'll Learn
Horizontal stare decisis
Stare decisis is a doctrine in common law that courts will adhere to precedent in their decision-making. The Latin term "stare decisis" means "to stand by things decided". The doctrine is based on the idea that courts should honour precedent and follow previous rulings on the same or closely related legal issues. This promotes consistency, predictability, and integrity in the judicial process.
In horizontal stare decisis, a court will generally follow its own prior decisions unless there are compelling reasons to overrule itself. This form of stare decisis provides consistency and stability within the court system, allowing for a more uniform application of the law across similar cases.
However, horizontal stare decisis has been criticised for its potential to impede the advancement of the law. As society evolves and beliefs change, a strict adherence to precedent may result in outdated or unjust decisions being upheld. Judges may address this by providing legal nuances or reasons to deviate from precedent or overturn prior rulings in exceptional circumstances.
While horizontal stare decisis provides guidance and consistency, it is generally considered less controlling compared to vertical stare decisis, which involves lower courts strictly following the decisions of higher courts within the same jurisdiction. Vertical stare decisis is deeply entrenched in the American legal system and contributes to the supremacy of higher courts, such as the U.S. Supreme Court.
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Vertical stare decisis
Stare decisis, meaning "to stand by things decided" in Latin, is a doctrine in common law that courts will adhere to precedent in making their decisions. The doctrine operates both horizontally and vertically.
The Appellate Jurisdiction Theory of vertical stare decisis posits that, when adjudicating a case, the only precedent a court is required to apply is that of tribunals with appellate jurisdiction over that particular matter. In contrast, the Structural Theory contends that a lower court must presumptively follow the precedent of other courts that are superior to it within the judicial hierarchy.
The Hybrid Theory, meanwhile, specifies that a court presumptively must follow the precedent of other tribunals that either may have appellate jurisdiction over its rulings in a particular case or are superior to it within the constitutional and statutory structure of the judiciary. This approach has been argued to be most consistent with the structure of three-judge district courts, Congress's purposes in creating them, practical considerations, and the traditional rationales underlying stare decisis.
While stare decisis contributes to the integrity of the legal system, it may also impede the general advancement of the law as society and its beliefs change. It may also result in the retention and spread of instances that may have been incorrectly decided.
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The doctrine of precedent
The doctrine of stare decisis, a Latin term meaning "let the decision stand" or "to stand by things decided", is a foundational concept in the American legal system. It holds that courts and judges should adhere to precedent, or the decisions, rulings, and opinions from prior cases. Respect for precedents gives the law consistency and makes interpretations of the law more predictable.
The doctrine operates both horizontally and vertically. Horizontal stare decisis holds that a court must adhere to its own prior decisions unless it finds compelling reasons to overrule itself. For example, the Supreme Court will follow a precedent unless it has become too difficult for lower courts to apply. Vertical stare decisis, on the other hand, binds lower courts to strictly follow the decisions of higher courts within the same jurisdiction. This idea is deeply entrenched in the American legal system and is part of what makes the Supreme Court "supreme".
The doctrine of stare decisis contributes to the integrity of the legal system by lessening the need for subsequent litigation and preventing judges from acting arbitrarily or with bias. It saves time and energy by preventing the judiciary from having to continually decide the same legal question or issue if it has already been decided in another case. However, stare decisis may also impede the general advancement of the law as society and its beliefs change. There must be some logical variation in the application of the law as required by each legal question.
While stare decisis provides consistency and predictability, there are nuances and limits to its application. For example, in rare cases, the Supreme Court has reversed its own previous rulings. Additionally, some constitutional scholars propose the idea of "super precedents", which are fundamental to American justice and are considered virtually permanent decisions.
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The integrity of the legal system
One of the primary benefits of stare decisis is its contribution to the consistency and predictability of legal decisions. By following precedent, courts ensure that similar cases are decided in a similar manner, providing consistency in the application of the law. This predictability allows individuals to have a better understanding of their legal rights and obligations and promotes public trust in the judicial system.
Additionally, stare decisis helps prevent arbitrary decision-making and judicial bias. By requiring judges to follow existing precedents, the doctrine limits the potential for individual biases to influence judicial outcomes. It ensures that decisions are based on established legal principles rather than the personal sentiments of judges, thereby promoting fairness and impartiality in the legal system.
However, critics argue that stare decisis can impede the evolution of the law. As society's beliefs and circumstances change, the doctrine's emphasis on precedent may hinder the necessary adaptation of legal interpretations. This rigidity can be particularly problematic when dealing with new technologies, demographic shifts, or evolving social and economic conditions. In such cases, judges may need to balance stare decisis with the need for legal advancement.
Despite these concerns, stare decisis remains a vital principle in the American legal system. It provides stability, consistency, and predictability, contributing to the integrity of the system as a whole. While judges may occasionally need to depart from precedent in exceptional circumstances, stare decisis generally ensures that the law is applied fairly and consistently, fostering public trust and confidence in the judiciary.
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The limits of stare decisis
The doctrine of stare decisis, meaning "to stand by things decided" in Latin, is a legal principle that directs courts to adhere to previous judgments or those of higher tribunals. It operates both horizontally and vertically.
However, stare decisis has its limits. While it lessens the need for subsequent litigation and prevents judges from acting arbitrarily or with bias, stare decisis may impede the general advancement of the law. As society and its beliefs change, there must be some logical variation in the law's application.
For example, in Cooks v. State, it was stated that "the rule of stare decisis is a wholesome one, it should not be used to sanctify and perpetuate error". This highlights the need for courts to sometimes reconsider and rectify their mistakes.
Additionally, stare decisis may result in the retention and spread of incorrect decisions, prioritising these at the expense of wronged parties. For instance, in Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overturned Roe v. Wade, ruling that abortion is not a personal freedom guaranteed by the Federal Constitution.
The thorny question is how to define stare decisis as an operative value so that it is not merely celebrated when convenient and disregarded when not.
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Frequently asked questions
Stare decisis is a Latin term that means "to stand by things decided". It is a doctrine that requires judges to follow existing precedents and make decisions in alignment with previous rulings on the same or closely related issues.
Stare decisis contributes to the integrity of the legal system by promoting consistency, predictability, and fairness in judicial decision-making. It helps prevent arbitrary rulings and ensures that similar cases are treated similarly, providing stability and coherence in the law.
Stare decisis operates through horizontal and vertical applications. Horizontal stare decisis refers to a court adhering to its own prior decisions unless there are compelling reasons to overrule them. Vertical stare decisis means that lower courts must follow the decisions of higher courts within the same jurisdiction.
Yes, stare decisis can be overturned by higher courts. When a higher court overturns a precedent, the new ruling becomes the stare decisis for similar future cases. However, this is rare, and the U.S. Supreme Court has reversed its own rulings only about 0.05% of the time.
While stare decisis promotes consistency, it may also impede the evolution of the law by treating similar cases similarly even when societal beliefs and conditions have changed. It may result in the retention of incorrect decisions and limit the flexibility needed to adapt the law to new contexts.
