Glossary · Constitutional Law
Stare Decisis
stare-decisis-5aac0a2d70ffffda-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Constitutional Law
The principle that courts should follow their own prior decisions and those of higher courts when deciding similar cases, meaning to stand by things decided. It gives the law stability and predictability while still allowing courts to overrule precedent for compelling reasons. Lower courts are strictly bound by higher-court precedent; a court's adherence to its own precedent is a strong but rebuttable practice.
Definition
The principle that courts should follow their own prior decisions and those of higher courts when deciding similar cases, meaning to stand by things decided. It gives the law stability and predictability while still allowing courts to overrule precedent for compelling reasons. Lower courts are strictly bound by higher-court precedent; a court's adherence to its own precedent is a strong but rebuttable practice.
Stare Decisis. The principle that courts should follow their own prior decisions and those of higher courts when deciding similar cases, meaning to stand by things decided. It gives the law stability and predictability while still allowing courts to overrule precedent for compelling reasons. Lower courts are strictly bound by higher-court precedent; a court's adherence to its own precedent is a strong but rebuttable practice. Example: The panel felt the rule was outdated but applied it anyway under stare decisis, noting only the en banc court could overrule it.