Stare decisis, meaning "to stand by what has been decided," is a legal principle followed in the United States and other common law countries. The word's spelling can be confusing, as it includes an -e- in "decisis" that is not pronounced. The IPA phonetic transcription for "stare decisis" is /ˈstɑːreɪ dɪˈsaɪsɪs/. The long a sound is represented by /ˈstɑːreɪ/, while the two i sounds are represented by /dɪˈsaɪsɪs/. This pronunciation guide can help ensure that the word is pronounced correctly in legal and academic settings.
Stare decisis is a Latin term that translates to "to stand by things decided." It refers to the legal principle of following established precedent and adhering to previous court decisions in order to maintain consistency and stability in the interpretation and application of the law. Under this doctrine, courts are bound to follow the rulings of higher courts within their judicial system. Stare decisis is a fundamental aspect of common law legal systems, which include countries like the United States, England, Canada, and Australia.
The principle of stare decisis has several benefits. Firstly, by relying on established precedents, it promotes predictability and certainty in the law. It ensures that similar cases are treated similarly, providing a degree of fairness and avoiding arbitrary decision-making. Additionally, the doctrine saves time and resources by discouraging frequent challenges to settled legal principles.
However, stare decisis is not an absolute rule and can be overcome under certain circumstances. Courts may depart from precedent when there are compelling reasons for doing so, such as changing social attitudes, advancements in technology, or evolving legal theories. Nevertheless, such departures are typically reserved for exceptional cases.
In summary, stare decisis is a legal principle that directs courts to follow past decisions and uphold established precedents. It is aimed at promoting consistency, stability, and fairness in the application of the law, though it may be deviated from under certain circumstances.
The term "stare decisis" comes from Latin and is derived from two words: "stare" meaning "to stand" and "decisis" meaning "decided". It translates to "to stand by things decided". In legal context, "stare decisis" refers to the principle of following previous court decisions when making judgments in similar cases.