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:
“I often wish for the end of the wretched remnant of my life; and that wish is a rational one; but then the innate principle of self-preservation, wisely implanted in our natures, for obvious purposes, opposes that wish, and makes us endeavour to spin out our thread as long as we can, however decayed and rotten it may be.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
“The sons of Judah have to choose that God may again choose them.... The divine principle of our race is action, choice, resolved memory.”
—George Eliot [Mary Ann (or Marian)
“The monk in hiding himself from the world becomes not less than himself, not less of a person, but more of a person, more truly and perfectly himself: for his personality and individuality are perfected in their true order, the spiritual, interior order, of union with God, the principle of all perfection.”
—Thomas Merton (1915–1968)