stare decisis

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 hierarchy. Courts higher in the court structure consider precedents persuasive 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.

Usage: The court considered that the trial judge erred in law by declining to follow a decision that was clearly on point, thus contravening the principle of stare decisis.

Related Words: precedent; ratio decidendi; obiter dicta; rule of law.