Stare decisis is a Latin term meaning "to stand by things decided." It is the doctrine that courts should adhere to precedent—prior judicial decisions—in deciding new cases with similar facts and issues. By following precedent, courts promote legal stability, consistency, and predictability, helping individuals and institutions understand the law and rely on it.
The primary purpose of stare decisis is to ensure consistency by following judicial precedent.
Stare decisis means 'to stand by things decided.'
How Stare Decisis Works
When a court issues a decision, it creates precedent (a legal standard) that future courts should follow when addressing similar facts or legal questions. Stare decisis applies upward and laterally:
- Lower courts must follow decisions by higher courts (vertical stare decisis).
- Courts often follow their own past decisions to maintain consistency (horizontal stare decisis).
Only legal precedents—not decisions based on political or personal views—are binding.
Stare decisis is applied when new cases involve facts or issues similar to prior rulings.
Under stare decisis, a court's decision becomes precedent for future similar cases.
Source Material
Author: American Bar Association
Document: How Does Stare Decisis Work?
Date Published: 2023
Benefits of Stare Decisis
Stare decisis has several important advantages:
- Promotes legal stability and predictability so people can plan their affairs.
- Ensures fairness by treating similar cases in the same way.
- Conserves judicial resources by reducing re-litigation of settled issues.
- Enhances public confidence in the justice system by ensuring consistent rulings.
Stare decisis promotes predictability in legal decisions.
Advantages include legal predictability, fairness, and preservation of judicial resources.
When Precedent Can Be Overturned
Stare decisis is not absolute. Courts may overturn precedent when:
- The prior decision is clearly wrong or unworkable.
- Societal values have shifted significantly.
- New facts, laws, or technologies emerge that justify a fresh approach.
Overturning precedent, especially by a high court, is controversial because it disrupts legal stability.
Precedent may be overturned if it is outdated or societal values have evolved.
Courts may overturn precedent if the previous ruling is no longer seen as just or practical.
Examples of Stare Decisis
- Brown v. Board of Education (1954) overturned Plessy v. Ferguson (1896), ending "separate but equal" precedent for public schools when the Supreme Court redefined constitutional principles on equality.
- Lower courts consistently follow Supreme Court rulings on issues like free speech, even in new contexts like social media, because of stare decisis.
- Companies rely on patent law precedents when launching new technologies, knowing courts will apply established rules.
Brown v. Board of Education is a landmark case where precedent was overturned.
A lower court would apply principles from earlier similar cases due to stare decisis.
Source Material
Author: National Constitution Center
Document: Stare Decisis and Its Exceptions
Date Published: 2024
Conclusion
Stare decisis is a cornerstone of judicial reasoning, ensuring that courts rely on precedent for legal stability, fairness, and predictability. While it promotes consistency, courts retain the power to overturn precedent when necessary, balancing tradition with societal progress.
- Stare decisis means "to stand by things decided," emphasizing respect for past rulings.
- Precedent binds courts to apply established legal principles in similar future cases.
- Stability and fairness are enhanced, but flexibility remains for evolving circumstances.
'Stare decisis' means to stand by things decided; it requires courts to follow precedent.
Courts may overturn precedent if the previous ruling is no longer seen as just or practical.
Brown v. Board of Education is a landmark case where precedent was overturned.