This essay delves into the doctrine of Stare Decisis, a fundamental principle in civil law, particularly within the Australian legal system. It explores the concept of precedents and their binding effect on courts, especially the High Court of Australia. The essay examines the application of Stare Decisis, the hierarchical judicial system, and how it promotes legal stability and predictability. It discusses the evolution of the court's approach to this doctrine, particularly in constitutional cases, and highlights factors considered when deciding whether to override previous decisions. The discussion includes key cases, such as Viro v R and Queensland v. Commonwealth, illustrating the complexities and nuances of Stare Decisis. Furthermore, it provides insights into the scope and nature of Stare Decisis, including its application in dual conditional statements, multiple-issue cases, and interpretive methods. The essay concludes by emphasizing the significance of Stare Decisis in the Australian legal framework, acknowledging the importance of judicial decisions and precedents in shaping the rule of law. This assignment, available on Desklib, provides a comprehensive analysis of Stare Decisis in civil law.
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