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:
“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)
“In some things, we Americans leave to other countries the carrying out of the principle that stands at the head of our Declaration of Independence.”
—Herman Melville (1819–1891)
“All Protestantism, even the most cold and passive, is a sort of dissent. But the religion most prevalent in our northern colonies is a refinement on the principle of resistance; it is the dissidence of dissent, and the Protestantism of the Protestant religion.”
—Edmund Burke (1729–1797)