Stare decisis

To stand by decided matters

Stare decisis is the legal principle that judges must adhere to precedents established in earlier decisions involving similar cases.

Stare decisis, literally translated as “to stand by things decided,” is a central principle of the Anglo-American legal system. It requires judges in lower courts to be bound by the rules of law established in earlier decisions of higher courts.

This principle promotes legal certainty and consistency in the administration of justice, enabling citizens to rely on the predictability of judicial decisions. In Dutch practice, where civil law applies, stare decisis carries no binding force, although case law is nonetheless regarded as authoritative, particularly decisions of the Hoge Raad.

“During the oral argument, counsel invoked stare decisis to persuade the court to follow the Supreme Court's decision in a similar case.”

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