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:
“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)
“The principle of all sovereignty resides essentially in the nation.”
—French National Assembly. Declaration of the Rights of Man (Sept. 1791)
“The principle of fashion is ... the principle of the kaleidoscope. A new year can only bring us a new combination of the same elements; and about once in so often we go back and begin again.”
—Katharine Fullerton Gerould (1879–1944)