Rule of Stare Decisis

The rule of stare decisis, which means “to stand by things decided,” is a fundamental principle of legal interpretation that requires courts to follow the precedents set by earlier court decisions when resolving similar legal disputes.

Under the rule of stare decisis, courts are generally required to follow the decisions of higher courts in the same jurisdiction, as well as decisions of their own court that have been issued in earlier cases. This helps to ensure consistency and predictability in the law, and promotes the principle of equal treatment under the law.

The rule of stare decisis is based on the principle that legal decisions should be made in a consistent and predictable manner, and that precedents set by earlier court decisions should not be overturned lightly. However, the rule is not absolute, and there are circumstances in which a court may depart from established precedent.

Example: A court may depart from precedent if it determines that the earlier decision was wrongly decided, if the precedent has been rendered obsolete by changes in the law or society, or if there are compelling reasons to overrule the precedent in order to promote justice and fairness.