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:
“Now, what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life. Plant nothing else, and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of any service to them. This is the principle on which I bring up my own children, and this is the principle on which I bring up these children. Stick to Facts, sir!”
—Charles Dickens (1812–1870)
“I do not mean to exclude altogether the idea of patriotism. I know it exists, and I know it has done much in the present contest. But I will venture to assert, that a great and lasting war can never be supported on this principle alone. It must be aided by a prospect of interest, or some reward.”
—George Washington (1732–1799)
“I often wish for the end of the wretched remnant of my life; and that wish is a rational one; but then the innate principle of self-preservation, wisely implanted in our natures, for obvious purposes, opposes that wish, and makes us endeavour to spin out our thread as long as we can, however decayed and rotten it may be.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)