Question

In the text of this chapter, we stated that the doctrine of stare decisis "became a cornerstone of the English and American judicial systems." What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition?

Answer 1

Stare decisis, which means "let the decision stand" in Latin, refers to the legal principle of following precedents in court rulings for consistency and stability in the law. It ensures that similar cases are treated similarly, contributing to the legitimacy of the judicial system and allowing for law-making through interpretation. The doctrine allows for flexibility when significant societal changes occur, impacting public policy and evolving justice.

Step-by-step explanation:

Stare decisis is a Latin term that translates to "let the decision stand" and refers to the legal principle of adhering to precedents set by previous court rulings. This doctrine is a fundamental aspect of the United States' common law system, wherein the courts rely on past decisions to guide future cases. The basis of stare decisis is that it provides legal consistency and stability, which is essential for the even-handed administration of justice, as emphasized by former Supreme Court Justice Benjamin Cardozo.

The reliance on precedent ensures that similar cases get similar treatment, which in turn reinforces the credibility and legitimacy of judicial decisions. While the U.S. Supreme Court has demonstrated a willingness to overturn precedent, particularly in situations involving human rights and civil liberties, the standard practice is to follow the established legal principles unless there is a compelling reason to deviate. Significant examples include the changes in legal interpretation from Plessey v. Ferguson to Brown v. Board of Education, reflecting the flexibility within the doctrine when societal norms and the composition of the Court evolve.

Ultimately, stare decisis contributes to shaping public policy through the judiciary branch's role in interpreting the Constitution and subsequent legal precedents. It is through this lens that courts contribute to the process of law-making and have a meaningful impact on the lives of citizens, ensuring that justice evolves with society while maintaining a stable legal framework.