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:
“The principle of the brotherhood of man is ... narcissistic ... for the grounds for that love have always been the assumption that we ought to realize that we are the same the whole world over.”
—Germaine Greer (b. 1939)
“A state of war or anarchy, in which law has little force, is so far valuable, that it puts every man on trial. The man of principle is known as such, and even in the fury of faction is respected.”
—Ralph Waldo Emerson (1803–1882)
“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)