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:
“From the age of fifteen, dogma has been the fundamental principle of my religion: I know no other religion; I cannot enter into the idea of any other sort of religion; religion, as a mere sentiment, is to me a dream and a mockery.”
—Cardinal John Henry Newman (1801–1890)
“In case I conk out, this is provisionally what I have to do: I must clarify obscurities; I must make clearer definite ideas or dissociations. I must find a verbal formula to combat the rise of brutality—the principle of order versus the split atom.”
—Ezra Pound (1885–1972)
“The principle of asceticism never was, nor ever can be, consistently pursued by any living creature. Let but one tenth part of the inhabitants of the earth pursue it consistently, and in a day’s time they will have turned it into a Hell.”
—Jeremy Bentham (1748–1832)