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)
“Without the Constitution and the Union, we could not have attained the result; but even these, are not the primary cause of our great prosperity. There is something back of these, entwining itself more closely about the human heart. That something, is the principle of “Liberty to all”Mthe principle that clears the path for all—gives hope to all—and, by consequence, enterprize [sic], and industry to all.”
—Abraham Lincoln (1809–1865)
“A certain secret jealousy of the British Minister is always lurking in the breast of every American Senator, if he is truly democratic; for democracy, rightly understood, is the government of the people, by the people, for the benefit of Senators, and there is always a danger that the British Minister may not understand this political principle as he should.”
—Henry Brooks Adams (1838–1918)