Lecture Notes on Stare Decisis

Definition and Importance

• Stare Decisis: A legal principle that dictates that cases should be decided based on precedents from similar past cases.
• Purpose: Provides stability, predictability, and integrity to the law.
  • Foundational to the rule of law versus the rule of man.

Historical Origins

• Rooted in the general concept of law.
• Especially prominent in English and American common law.
• Originated in the 12th century under Henry II:
  • Establishment of circuit courts and a central appellate court.
  • Appellate court decisions established precedents.

Stare Decisis in the American Legal System

• Common Law:
  • Primarily enforced by state courts.
  • Key in the commercial world for business planning and legal predictability.
• Judges:
  • Bound by precedents within their circuit.
  • Influenced by precedents from other circuits.
  • Must follow precedents from superior courts, including state supreme courts and federal courts (US Supreme Court, appellate courts, trial courts).

Role in Constitutional Law

• Supreme Court overturns precedents less frequently than assumed.
• Consistent with the Constitution's status as the supreme law.
• Rule of Law:
  • Without stare decisis, legal predictability would be compromised.

Limitations and Global Influence

• Not Absolute: Stare decisis is a guiding principle but not inflexible.
• Global Impact: American law, through stare decisis, serves as a global example for:
  • Knowing acceptable behavior.
  • Personal and economic planning.
  • Legal predictability and flourishing.