Stare Decisis: Examining its profound significance in legal evolution
VerifiedAdded on  2023/06/03
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Essay
AI Summary
This essay delves into the doctrine of stare decisis, a cornerstone of English and common law, examining its profound impact on legal development. The doctrine, also known as judicial precedent, dictates that higher court decisions bind lower courts within a jurisdiction, while decisions from other jurisdictions serve as persuasive authority. The essay elucidates key principles such as ratio decidendi (binding reasoning) and obiter dictum (non-binding comments), illustrating their application through landmark cases like Donoghue v Stevenson. It highlights the doctrine's advantages, including promoting certainty, justice, and efficiency by saving court time and ensuring consistent application of the law. While acknowledging criticisms regarding rigidity and potential obsolescence, the essay concludes that stare decisis, particularly through ratio decidendi and obiter dicta, significantly contributes to the evolution of legal rules and principles, fostering a more flexible judicial system. The essay also notes the diminished significance of stare decisis in courts of last resort, which possess the power to overturn previous decisions.
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