Purpose of Stare Decisis
The primary goal of the doctrine of stare decisis is to promote confidence among the citizens for planning their transaction with respect to social and economic. It also provided them the confidence to comply with the law by encouraging settlement of disputes privately due to inference of courts while giving decisions based on the doctrine of stare decisis. There is reduce in the need for re-litigating cases which have already been given judgment. Initiation of fresh litigation is discouraged when the judge or bench changes. The power of the judges is restricted, which leads to the promotion of confidence of the public in the judiciary.
The doctrine of stare decisis also helps in ensuring uniform justice as well as continuity in the decisions given by the court. It also helps in maintaining consistency in the application of the law. The doctrine of stare decisis acts as judicial restraint as there is the prevention of issuing decisions by a judge of the lower court, which is not in compliance with the law that has been given by the higher courts. The application of stare decisis must be both horizontally and vertically, which means judicial decisions shall govern the subsequent decisions made by the court, which established the precedent and the lower courts in the jurisdiction of the court.
Making of the Precedent
If a ruling is made by the judge regarding a unique case that has no material in reference to the past can become a precedent. A precedent that has been overruled in the present case can be replaced by a new ruling given by the judge concerning the present case, which is similar to the precedent case. The doctrine of stare decisis provides an obligation for the courts to uphold rulings made previously or the rulings made by the higher courts in the same jurisdiction.
For instance, the precedent made by the Supreme Court of Kansas, Supreme Court of United States, governs the appellate courts of Kansas State. There is no obligation for Kansas to follow precedents made by California. If there arises a distinct case, the precedent of California or such other state can be followed by Kansas, in which there has been the establishment of the ruling as a guide to set its precedent.
The rulings of the Supreme Court, being the highest court of the country, must be bound and followed by all other courts. The decisions made by the highest court are binding precedent or acts as stare decisis for lower courts in the judicial system. The new ruling given by the Supreme Court on hearing of the court, which is similar, becomes precedent when the Supreme Court overrules any precedent made by lower courts.
Case Law Relating to Stare Decisis
A well-established case of stare decisis can be observed in United States Roe v Wade, in which it was ruled by the Supreme Court of United States that a womanâ€™s right with regard to electing whether to have an abortion or not must be protected constitutionally. There was huge opposition regarding the decision given more than forty years of the above case in 1973. However, the Supreme Court is controlled by a conservative majority who did not step back in applying the Roe V. Wade decision in the form of stare decisis when such other cases of abortion were brought before it.
Supreme Court also faced criticism in this case and using it as the precedent judicial decision in other cases. Legal scholars argued that, by following such precedent, the court is leading to continuing a poor legal decision.
The case of Dirks v. SEC is used by the Supreme Court of United States in the financial world where circumstances were established under which a person is liable to be convicted for insider trading as well as serving under the governing precedent in such area of law since then. The case also mentioned that when the tipper shares confidential information as a gift, there is a breach in the fiduciary duty. Under this ruling in Dirks v SEC, Salman, from the Salman v United States was found guilty of insider trading.
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