Stare Decisis

The doctrine that courts stand by decided cases

Overview

Stare decisis binds courts to follow the reasoning of higher courts in later similar cases, generating predictability and equal treatment. Its machinery distinguishes binding from persuasive precedent and the binding ratio decidendi from incidental obiter dicta, and it admits of overruling by higher courts or legislatures. Civil law systems respect precedent as a matter of practice without the formal doctrine. Critics note tension when precedent ossifies error, and the doctrine curiously empowers the newest case over the oldest statute in conflict.