Essay on stare decisis

Free Law essays

Judges should not write or pen decisions that are so broad. About this resource This Law essay was submitted to us by a student in order to help you with your studies.

Stare Decisis and the Constitution: An Essay on Constitutional Methodolgy

Questions of fact determined by a court have no binding effect on any subsequent case involving similar questions of fact.

Basically, in whatever way courts reach their conclusion, they are expected to place the situation they are judging within the generalized class of some existing decision.

Laws are enacted by the legislature. An important aspect of this is the Essay on stare decisis that the Court will show for its own past opinions. It is also necessary that the whole process in implementing a law will be beneficial to the society under the concept of justice and equity, for what is the use of a law when it destructs an individual who is a particle of society?

Stare decisis also applies to courts of equal rank, including the deciding court itself. Only the statements of law are binding. Search our thousands of essays: Too often, Justices write more broadly than necessary to decide the case before the Court.

Under the doctrine of stare decisis, only a point of law decided in a judicial opinion is binding on other courts as precedent. When there is "binding" stare decisis and a judge feels that it was decided incorrectly, what is he to do? The people in the society are bound by the laws of the land that are enacted by the proper authorities.

When higher court judges completely misconstrue the interpretation of the constitution Essay on stare decisis it is held as precedent, should the lower courts submissively conform? Stare decisis is used to prevent judges from enacting their own policy preferences into law and to maintain stability in the law, not to rigidly follow and consequently reaffirm cases that could potentially be decided mistakenly.

Board of Education would never have been possible without a strong vertical stare decisis to keep unruly lower court judges in check. The Judiciary which is composed of several judges and justices interacts with lawyers who represents any person who comes to Court for relief or remedy in whatever grievances they represent.

It is expected that a discussion on the concerns of a judge reviewing precedent in relation to a current case and why this concept is very important. The principle of stare decisis restricts lower court judges to follow the precedents of higher courts so that there is not a huge number of amateurish judges forming incoherent decisions; it structures the judicial branch of government into a whole, speaking with one voice.

The members of the legislature are usually elected by the people. This means that when judges try cases they will check to see if similar cases have come before a court previously. These reasons are as follows: The law-making body are expected to enact laws that are useful in the community they usually represent.

Finally, stare decisis is a doctrine that will enhance the stability of the law. Should he stick to the doctrine, or to his oath to unduly protect and uphold the constitution?

Essay UK - http: They may be persuasive, but are not binding. The doctrine, states that within the hierarchy of the English courts a decision by a higher court will be binding on lower courts.

There are only three judicially acceptable reasons to overturn precedent. The Amar brothers wrote that "Indeed, the same Constitution that establishes the federal courts and empowers them to hear cases arising under this Constitution requires all judges to swear an oath of allegiance not to their past rulings, but to the document itself.

Judges were appointed to uphold the constitution, not stare decisis. There are cases when the use of stare decisis will cause so much injustice or inequity so that it should not be adhered by the court having jurisdiction of the same. In each case the Court should focus specifically on the particular facts of the case and the questions properly presented.

If neither the executive nor legislative branch of the federal government may unilaterally change the meaning of the Constitution, neither should the judiciary be able to do so. These laws are actually based on the provisions embodied in the Constitution which is the fundamental law of the land.

Laws that are enacted by the legislature will then be interpreted by the Judiciary when a case will arise resulting to the deliberate violation of laws. Most surprising of all however, are those judges who call upon the doctrine of stare decisis when it is in their favor to do so, and reject it when its not.

In doing so, they may, if they choose, disregard the opinion of that decision entirely.

Stare Decisis

Most importantly, precedents can be overruled by a subsequent decision by a higher court or by an Act of Parliament. By the power vested by them in the Constitution, they are called to enact laws that will govern society. Remember, that the courts are not expected to make announcements or opinions and even advisory that are abstract and baseless.

There are so many reasons why stare decisis is very important and advantageous. Besides, there should be good reasons in adhering to a particular prior decision.The paper will first define the concepts, provide the justifications for precedence and “stare decisis” based on “Rule of Law”, and then discuss the case of “transgenders” in Hong Kong to make the case for re-evaluating the tenets of “Stare Decisis”.

This is not an example of the work written by our professional essay writers. Stare decisis final Business law Common law and stare decisis. Common law is the law made by judges.

Stare Decisis Essay Sample

It always adheres to all precedents of earlier cases as the bases or sources of law. The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts.

Stare Decisis Essay Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice.1 More specifically, it has been defined as.

Stare Decisis This Research Paper Stare Decisis and other 64,+ term papers, college essay examples and free essays are available now on Autor: review • December 21, • Research Paper • 1, Words (8 Pages) • Views4/4(1).

Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice.

Essay on stare decisis
Rated 5/5 based on 60 review