Principle

JUDICIAL PRECEDENT – Stare Decisis – Binding Effect of Higher Courts’ Decisions

Area of law
JUDICIAL PRECEDENT
Court
Supreme Court

Stare decisis requires lower courts to follow higher court decisions. Courts of co-ordinate jurisdiction are also bound by each other's decisions. Exceptions: decisions made per incuriam (without regard to law) are not binding. A court may depart from its own earlier decision if it was…

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