The legal doctrine stating that courts should follow precedent is stare decisis (Latin, lit. 'to stand by things decided'). Common law legal systems...

undemocratic judiciary in a democratic republic. On the subject of stare decisis, referring to Brown v. Board of Education, the decision overturning...

decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent...

on the doctrine of stare decisis. Dissenting in Casey, Rehnquist criticized the Court's "newly minted variation on stare decisis", and asserted "that...

right to abortion, the majority abandons stare decisis, a principle central to the rule of law. 'Stare decisis' means 'to stand by things decided.' .....

powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Brandeis wrote: Stare decisis is usually the wise policy,...

judicial circuit (vertical stare decisis) and, to a lesser degree, the issuing Court of Appeals (horizontal stare decisis)—published district court opinions...

to overrule precedent; according to Scalia, "he does not believe in stare decisis, period". By October 1, 2012, he had written 475 opinions, including...

focused on constitutional law, originalism, statutory interpretation, and stare decisis. Her academic work has been published in the Columbia, Cornell, Virginia...

decision in Rodriguez v British Columbia (AG), instead holding that stare decisis is "not a straitjacket that condemns the law to stasis". The Court expanded...

Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate...

part of the conservative majority, but he was a strong proponent of stare decisis, believing that even some wrongly decided cases should not be overturned...

judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a...

mention—the paean to stare decisis coauthored by three Members of today's majority in Planned Parenthood v. Casey. There, when stare decisis meant the preservation...

Court from applying Blakely to the Guidelines under the principles of stare decisis. First, United States v. Dunnigan, 507 U.S. 87 (1993), held that the...

tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by...

of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between...

were ruled to be unconstitutional. However, under the principle of stare decisis, a lower court that enforces an unconstitutional statute will be reversed...

opinion "to address the important principles of judicial restraint and stare decisis implicated in this case". Roberts explained why the Supreme Court must...

decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions...

South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of...

court's order and its reasoning and the application of the doctrine of stare decisis, but as a general rule direct application rules out certain possibilities...

by Roman law, notably in their Latinate legal glossary (for example, stare decisis, culpa in contrahendo, pacta sunt servanda). Eastern Europe was also...

Swift & Co. (1944). However, Justice Roberts said, the principle of stare decisis does not apply to Chevron deference in general as the court had been...

British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference...

women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand...

principle, thus departing from prior practice without violating the rule of stare decisis; Establishing a "test" (that is, a measurable standard that can be applied...

articulate two opposing views of the proper role of the doctrine of stare decisis in US law. The narrow issue in Kimble v. Marvel was whether the Court...

and their deference to or dismissal of precedent and the doctrine of stare decisis, it stresses the importance of understanding the factors involved in...

different judicial theories on topics such as statutory interpretation and stare decisis. State supreme court judges are selected in a variety of ways, with...