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:
“In some things, we Americans leave to other countries the carrying out of the principle that stands at the head of our Declaration of Independence.”
—Herman Melville (1819–1891)
“You may call a jay a bird. Well, so he is, in a measure—because he’s got feathers on him, and don’t belong to no church, perhaps; but otherwise he is just as much a human as you be. And I’ll tell you for why. A jay’s gifts and instincts, and feelings, and interests, cover the whole ground. A jay hasn’t got any more principle than a Congressman.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“We have been here over forty years, a longer period than the children of Israel wandered through the wilderness, coming to this Capitol pleading for this recognition of the principle that the Government derives its just powers from the consent of the governed. Mr. Chairman, we ask that you report our resolution favorably if you can but unfavorably if you must; that you report one way or the other, so that the Senate may have the chance to consider it.”
—Anna Howard Shaw (1847–1919)