Stare decisis is a legal doctrine ensuring courts follow precedents set by past decisions, crucial for consistency and predictability in law. Originating in England, it became integral to the U.S. legal system, guiding the Supreme Court in landmark cases like Brown v. Board of Education and Roe v. Wade. While it promotes judicial efficiency and fairness, it also faces criticism for potential rigidity and misalignment with contemporary values.
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King Henry II established the common law system in England in the 12th century, which led to the development of the doctrine of stare decisis
Influence of English Common Law
The principles of common law and adherence to precedent were adopted in the United States, becoming a fundamental aspect of the American legal system
Role of the U.S. Supreme Court
The Supreme Court sets the most influential precedents for the application of stare decisis in the U.S
The Supreme Court retains the authority to overturn its own precedents when necessary, acknowledging stare decisis as an important, but not absolute, principle
The Supreme Court's jurisprudence on constitutional rights showcases the application of stare decisis, as seen in cases like Brown v. Board of Education and Roe v. Wade
Consistency and Fairness in Judicial Decisions
Stare decisis promotes consistency and fairness in judicial decisions by requiring judges to apply established legal precedents
Judicial Efficiency
The doctrine of stare decisis helps to streamline the adjudicative process by obviating the need for courts to re-litigate established legal principles in every case
Protection of Judicial Impartiality
Stare decisis helps to protect judges from allegations of arbitrariness or bias, upholding the judiciary's image as an impartial institution
Inflexibility and Outdated Legal Doctrines
The rigidity of stare decisis can sometimes prevent the law from adapting to evolving societal norms and values, potentially perpetuating outdated legal doctrines
Burden on the Judiciary
The extensive research required to identify relevant precedents can place a significant burden on the judiciary
Lack of Accountability to Public Opinion
Because judges are appointed and not directly accountable to the electorate, their reliance on precedent may not always reflect current public opinion or legislative intent
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The principle of 'stare decisis' ensures ______ and ______ in the legal system by adhering to past decisions.
consistency
predictability
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Purpose of King Henry II's legal reforms
Standardize justice administration, unify legal system across England.
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Role of royal judges in common law
Their rulings set precedents for future legal decisions, ensuring consistency.
