stare decisis
2
9.9
- noun
- /ˈstɛrɪ dɪˈsaɪsɪs/
- Formal
:
stare decisis
- In addition, to critique the common law, Scalia has to critique stare decisis (adjudication by precedent).
- precedent and stare decisis
- doctrine of stare decisis
- principle of stare decisis
Examples
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Some of the tension dissipates if we think of stare decisis as a transitional doctrine.
Academic text (2018) -
More recently, the Court added that stare decisis "is a foundation stone of the rule of law."
Academic text (2018) -
The doctrine of stare decisis is not only, or even mainly, about appearances.
Academic text (2018) -
By way of response, I would suggest that stare decisis coheres with key features of the constitutional framework.
Academic text (2018) -
Of course, a meaningful doctrine of stare decisis is not likely to be perfect from anyone's perspective.
Academic text (2018) -
The doctrine of stare decisis comes from English common law, which also provides the first examples of circumstances where precedents - may be overturned.
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The Court had to harmonize its theory of abortion rights with its invocation of stare decisis.
Academic text (2010) -
The doctrine of stare decisis responds by treating legal rules as continuous rather than episodic.
Academic text (2018) -
Not every facet of the Supreme Court's stare decisis doctrine fares as well in a second-best world of interpretive pluralism.
Academic text (2018) -
In legal education, students learn that stare decisis requires courts to honor previous judicial decisions.
How Independent
- Formal
1
9.9
- Jargon
314
4.4
- Formal
2
9.9
Surface Forms
Morphology
stare + decisis
Stare decisis is a fixed Latin legal term rather than a compositional English phrase; its constituent elements are not transparent English words with the relevant senses, and the legal meaning (‘follow precedent’) cannot be inferred from literal readings. It is specialized, conventionalized legal jargon borrowed intact, so a B1 learner who knows the surface parts would not reliably derive the intended meaning.
Etymology
Stare decisis comes from Latin and its parts stare, 'to stand', and decisis, 'things decided', give the picture of judges standing by earlier choices. So, it now means 'to follow earlier court decisions' to keep the law steady.