Stare decisis

Definition

Stare decisis is a legal principle that means 'to stand by things decided,' and it emphasizes the importance of precedent in the judicial decision-making process. This principle ensures that courts follow established case law when making decisions, promoting stability and predictability in the law. By adhering to previous rulings, courts reinforce the legitimacy of the judicial branch and maintain consistency in legal interpretations.

5 Must Know Facts For Your Next Test

1. Stare decisis promotes legal stability by ensuring that similar cases are decided in a consistent manner, reducing unpredictability in judicial outcomes.
2. The Supreme Court often references stare decisis when deciding whether to uphold or overturn previous rulings, balancing respect for established law with the need for legal evolution.
3. Over time, the application of stare decisis can lead to significant shifts in legal interpretations as societal values change and new precedents are set.
4. Dissenting opinions may challenge the concept of stare decisis by arguing for a different interpretation of the law, but these opinions do not have binding authority.
5. Stare decisis is not an absolute rule; courts can choose to overturn precedents if there is a compelling reason to do so, often citing changes in societal norms or legal principles.

Review Questions

• How does the principle of stare decisis influence the decision-making process within the judicial branch?
  • Stare decisis significantly influences judicial decision-making by requiring courts to follow established precedents in similar cases. This creates a consistent legal framework that promotes stability and predictability within the law. When judges apply stare decisis, they not only respect past rulings but also contribute to the legitimacy of the judicial branch by reinforcing trust in a fair and uniform legal system.
• Discuss a situation where stare decisis might be challenged or overturned, and explain why this is significant.
  • Stare decisis might be challenged in cases where societal values have significantly shifted since a precedent was set, such as in landmark cases like Roe v. Wade concerning reproductive rights. If the Supreme Court were to overturn this precedent, it would signal a major shift in legal interpretation and reflect changing public attitudes. This is significant because it highlights how the judiciary balances respect for past decisions with evolving societal norms, which can impact individual rights and governmental authority.
• Evaluate the long-term effects of adherence to stare decisis on American law and society, considering both benefits and drawbacks.
  • Adhering to stare decisis has long-term benefits for American law by fostering consistency and reliability in judicial outcomes, which can help build public trust in the legal system. However, it also has drawbacks, as it may prevent necessary legal reforms when outdated precedents do not align with contemporary values or social justice issues. The tension between maintaining stability through stare decisis and adapting to changing societal needs represents a critical challenge within the judicial branch, ultimately shaping both law and society over time.

Related terms

Precedent:

A legal case that establishes a principle or rule that can be followed by other cases with similar circumstances.

Judicial Review:

The power of courts to examine and invalidate actions by the legislative and executive branches if they are found to violate the Constitution.

Case Law: Law established by the outcome of former court cases, which serves as a reference for future cases.