Fri. Jun 14th, 2024
Article for Common Law: The Importance of Stare Decisis

Article for Common Law: The Importance of Stare Decisis

Stare decisis is a Latin phrase that means “to stand by things decided.” It is a legal principle that requires courts to follow the precedent of previous cases when deciding similar cases. Stare decisis is important because it helps to ensure that the law is applied fairly and consistently.

There are a number of reasons why stare www.nikportal.net/ decisis is important. First, it helps to promote certainty and predictability in the law. If courts were free to disregard precedent, then the law would be constantly changing, and it would be difficult for people to know what to expect. Second, stare decisis helps to ensure that the law is developed in a rational and orderly way. When courts follow precedent, they are able to build on the wisdom of previous judges and avoid making the same mistakes twice. Third, stare decisis helps to promote respect for the law. When people see that the courts are applying the law fairly and consistently, they are more likely to respect the law.

Of course, there are also some potential drawbacks to stare decisis. One drawback is that it can lead to injustice in some cases. If a precedent is wrong, then following stare decisis will perpetuate that injustice. Another drawback is that stare decisis can slow down the pace of legal change. If a precedent is outdated or no longer reflects the values of society, then it can be difficult to change the law through the courts.

Despite these potential drawbacks, stare decisis is an important principle in the common law. It helps to promote certainty, predictability, rationality, and respect for the law.

Here are some examples of how stare decisis is used in the common law:

  • In the case of Roe v. Wade, the Supreme Court of the United States held that women have a constitutional right to abortion. This decision has been followed by courts ever since, and it is now considered to be settled law.
  • In the case of Brown v. Board of Education, the Supreme Court held that racial segregation in public schools is unconstitutional. This decision has also been followed by courts ever since, and it has led to the desegregation of public schools throughout the United States.
  • In the case of Miranda v. Arizona, the Supreme Court held that police officers must inform suspects of their rights before interrogating them. This decision has also been followed by courts ever since, and it is now considered to be a fundamental right of criminal suspects.

These are just a few examples of how stare decisis is used in the common law. Stare decisis is an important principle that helps to ensure that the law is applied fairly and consistently.

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