Principle
The principle of stare decisis can be divided into two components.
The first is the rule that a decision made by a superior court, or by the same court in an earlier decision, is binding precedent that the court itself and all its inferior courts are obligated to follow. The second is the principle that a court should not overturn its own precedent unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts. The second principle, regarding persuasive precedent, is an advisory one that courts can and do ignore occasionally.
Read more about this topic: Binding Precedent
Famous quotes containing the word principle:
“There is no teaching until the pupil is brought into the same state or principle in which you are; a transfusion takes place; he is you, and you are he; then is a teaching; and by no unfriendly chance or bad company can he ever lose the benefit.”
—Ralph Waldo Emerson (1803–1882)
“Well, you Yankees and your holy principle about savin’ the Union. You’re plunderin’ pirates that’s what. Well, you think there’s no Confederate army where you’re goin’. You think our boys are asleep down here. Well, they’ll catch up to you and they’ll cut you to pieces you, you nameless, fatherless scum. I wish I could be there to see it.”
—John Lee Mahin (1902–1984)
“The principle that human nature, in its psychological aspects, is nothing more than a product of history and given social relations removes all barriers to coercion and manipulation by the powerful.”
—Noam Chomsky (b. 1928)