Final answer:
The doctrine of stare decisis is a legal principle requiring courts to follow precedents set by past decisions when cases have substantially similar facts. It ensures consistency and predictability in law, exemplified by cases like Roe v. Wade. Case law from courts, especially the Supreme Court, sets these important precedents.
Step-by-step explanation:
The doctrine of stare decisis is a legal principle that dictates that courts should follow precedents set in previous legal decisions when the facts of a case are substantially similar. This principle provides consistency and predictability in the law, as it compels a court to abide by the rules of law established in earlier cases. Stare decisis means "to stand on the decision," and is fundamental to the common law system used in the United States.
An illustration of stare decisis in action is the historic case of Roe v. Wade, which established a legal precedent on the issue of abortion. Future courts referring to this decision are expected to apply the same principles unless there is a strong justification for deviation.
However, it's important to understand that while stare decisis promotes legal stability, it does not completely eliminate the possibility of change. Courts can and do overturn precedent if they believe past rulings are outdated or incorrect based on contemporary standards or interpretations of rights.
Case law forms the basis of legal precedents in the common law system. Every court opinion, particularly those from the Supreme Court, sets a precedent for the future. Judges are expected to uphold the Constitution and to interpret laws consistently with past decisions unless there is a compelling reason to chart a new course.