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Why do common-law courts follow the principle of stare decisis?
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Former U.S. president Harry S. Truman (right) looking on as U.S. Pres. Lyndon B. Johnson signs the Medicare bill at the Harry S. Truman Library and Museum in Independence, Missouri, July 30, 1965.
In common-law systems, courts follow the principle of stare decisis—Latin for "to stand by decided matters"—primarily to ensure that the law remains uniform and predictable.1
The practice serves several key functions:
- Fairness and Equality: The fundamental goal is to treat similar cases similarly. If one individual is handled in a specific way today, justice demands that another person engaging in identical conduct under identical conditions tomorrow should be treated the same way.1
- Efficiency: Following precedent saves judges the effort of developing fresh solutions for the same problems each time they arise.1
- Legal Stability: By requiring that a question once answered by a court must elicit the same response in future cases, the system provides a consistent framework for the law.2
While this principle is central to common law, it is not absolute. Judges may distinguish cases if the facts differ, or higher courts may overrule earlier decisions if they are found to be erroneous or unsuited for current application.13