Stare decisis
Law Firm

Stare decisis is the principle in common law jurisdictions that previously made decisions - precedents - are binding. The value of the principle is that the rule of law becomes predictable and reviewable by higher courts in the court hierachy. Courts higher in the court structure consider precedents persusive and may not follow precedents in a particular case where injustice would be caused. Courts at first instance have far less discretion to do so.