The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos. |
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In the present state of juristic opinion, I would not extend the doctrine of stare decisis any further. |
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The upshot of these decisions is a loosening in the doctrine of stare decisis. |
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To make a prediction, one of the best ways is to turn to precedents according to the principle of stare decisis. |
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But the Democrats' loyalty to the principle of stare decisis is highly selective. |
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Thirdly, the per incuriam exception to the principle of stare decisis is a notably narrow one. |
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Judges in Ghana are bound by the principle of stare decisis, which requires that their decisions be based on earlier rulings. |
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Its nature would, however, be changed if the principle of vertical stare decisis were to be accorded less deference. |
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This isn't so bad if the judge respects stare decisis, sticks to existing law, and approaches the job with humility and restraint. |
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However, there is no doctrine of stare decisis in Belgian law and the matter is currently free from authority at the highest level. |
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Rather than affirming plainly mistaken rulings in the name of stare decisis, the Court should reserve its deference for the Constitution itself. |
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Judicial activists also downplay stare decisis, preferring to remedy perceived judicial errors. |
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The principle of stare decisis generally requires that I adopt his reasoning. |
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Indeed, through the jurisprudential doctrine of stare decisis, a judge or justice's repugnant views may far outlast his or her own tenure in the judiciary. |
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There have been a lot of changes in common law theory and practice since the nineteenth century peak of legal construction, while stare decisis, notably, is not what it was. |
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This doctrine is similar to stare decisis insofar as it dictates that a court's decision must condone a cohesive and predictable result. |
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The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems. |
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There is no stare decisis in that courts are not bound by precedent, although it is influential. |
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The principle by which judges are bound to precedents is known as stare decisis. |
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Louisiana courts, for instance, operate under both stare decisis and jurisprudence constante. |
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In common law systems, a single decided case is binding common law, under the principle of stare decisis. |
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The rule of law applied in the jurisprudence constante directly compares with stare decisis. |
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The doctrine of precedent which requires similar cases to be adjudicated in a like manner, falls under the principle of stare decisis. |
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Stare decisis does not apply, and any new rules articulated will not be applied in future cases. |
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As with all common law countries, Canadian law adheres to the doctrine of stare decisis. |
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When a court binds itself, this application of the doctrine of precedent is sometimes called horizontal stare decisis. |
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The doctrine of binding precedent or stare decisis is basic to the English legal system. |
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The application of the doctrine of stare decisis from a superior court to an inferior court is sometimes called vertical stare decisis. |
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In the United States, stare decisis can interact in counterintuitive ways with the federal and state court systems. |
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The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to the rule of stare decisis. |
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The principle of stare decisis can be divided into two components. |
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Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. |
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Binding precedent relies on the legal principle of stare decisis. |
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Stare decisis is not usually a doctrine used in civil law systems, because it violates the legal positivist principle that only the legislature may make law. |
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Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. |
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Courts may choose to obey precedent of international jurisdictions, but this is not an application of the doctrine of stare decisis, because foreign decisions are not binding. |
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There is much discussion about the virtue of using stare decisis. |
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The recognition of the authority of the institutional writers was gradual and developed with the significance in the 19th century of stare decisis. |
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Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis. |
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The principle of stare decisis also applies in Malaysian law. |
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Although Scalia has more respect for stare decisis than does Thomas, both justices seem to adhere to a rigid originalism in interpreting the Constitution. |
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