Stare decisis
Introduction:
Stare decisis is a legal term that refers to the doctrine of precedent, well established in common law – court rulings being guided by previous judicial decisions. The term is derived from a Latin phrase that means “to stand by things decided” or “let the decision stand.”
Definition
"to stand by things decided"
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions.
Explanation:
The full Latin phrase is stared decisis et nonquiet a mover stands by the thing decided and does not disturb the calm.
One of the most well-known examples of stare decisis in Pakistan is provided by the case of Mst. Mukhtar Begum etc. vs Mst. Mumtaz Asghar etc.
What is another term for stare decisis?
" Precedent"
Meaning:
stare decisis means "to stand by things decided"
Two variants of stare decisis
There are two variants of the doctrine of stare decisis. The problem we have discussed here is with the strong form, which treats precedents as binding. However, there is a weaker form, which treats precedents as merely persuasive.
Purpose of Stare Decisis
The doctrine of stare decisis is followed primarily to help ensure uniform justice and continuity in court decisions. It helps both judges and attorneys in the process of consistent application of the law. It is also a form of judicial restraint, preventing a single judge in a lower court from issuing decisions that are out of line with what higher courts have determined as established law.
Following judicial precedents also helps to make the legal and judicial systems more efficient, as it precludes the need for courts to examine the same legal issue over and over again with every similar case. Stare decisis is said to apply both horizontally and vertically. that is, judicial precedents should govern subsequent decisions both by the same court to establish the precedent and by all lower courts in that court's jurisdiction.
Example:
A precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later. Stare decisis is the doctrine that obligates courts to look to precedents when making their decisions.
Importance of stare decisis
Stare decisis is a doctrine in which judges are obligated to follow the precedents established in prior decisions. In stare decisis, the lower court must obey past decisions made by higher courts. This doctrine generally provides for fairness and consistency, which is important in ensuring everyone is treated equally.
Advantage:
The advantage of the doctrine of stare decisis is that it provides certainty and predictability
Disadvantage:
The disadvantage, however, is that stare decisis can result in a lack of flexibility and an inability of the common law to adapt to changing moral, socio-economic, and political realities resulting in a static body of law.
