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:
“Without the Constitution and the Union, we could not have attained the result; but even these, are not the primary cause of our great prosperity. There is something back of these, entwining itself more closely about the human heart. That something, is the principle of Liberty to allMthe principle that clears the path for allgives hope to alland, by consequence, enterprize [sic], and industry to all.”
—Abraham Lincoln (18091865)
“An evident principle ... is the principle of justice to all peoples and nationalities, and their right to live on equal terms of liberty and safety with one another, whether they be strong or weak.”
—Woodrow Wilson (18561924)
“It is funny that men who are supposed to be scientific cannot get themselves to realise the basic principle of physics, that action and reaction are equal and opposite, that when you persecute people you always rouse them to be strong and stronger.”
—Gertrude Stein (18741946)