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:
“Circumstances ... give in reality to every political principle its distinguishing colour and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind.”
—Edmund Burke (1729–1797)
“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)
“The first principle of a free society is an untrammeled flow of words in an open forum.”
—Adlai Stevenson (1900–1965)