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What does stare decisis require courts to do with earlier decisions?

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King Henry II and St. Thomas Becket — Common law Henry II (left) disputing with Thomas Becket (center), miniature from a 14th-century manuscript; in the British Library (Cotton MS. Claudius D.ii).

In common law systems, stare decisis—Latin for "let the decision stand"—requires courts to follow precedents established in earlier judicial decisions when addressing the same issue in subsequent cases.123

This principle is rooted in the pursuit of uniform and predictable justice, ensuring that individuals in substantially identical situations are treated consistently. By adhering to these established rules, judges avoid the need to devise fresh solutions for recurring problems.2

However, stare decisis is not absolute. Courts may depart from earlier decisions by:
* Distinguishing cases: Judges may determine that a previous ruling does not apply because the facts or issues in the current case are sufficiently different.12
* Overruling precedents: Higher courts may overturn their own previous decisions if they conclude that those rulings have become erroneous, unwise, or unsuited for current application.23

Ultimately, while the doctrine provides stability, it must balance the need for legal certainty against the necessity of achieving fair and just resolutions in evolving social and legal contexts.12