Volume – 02, Issue – 01, Page : 01-

Foundation and Applications of ‘Precedent’ in Legal Systems with Collateral Estoppel, Super Stare Decisis, and Immunity from Overturning

Author/s

Isabella Ferreira

Digital Object Identifier (DOI)

10.56106/lss.2022.001

Date of Publication

28 January 2022

Abstract :
This research paper navigates the intricate terrain of legal precedent, unraveling its historical evolution, theoretical foundations, and practical applications across diverse legal systems. Rooted in the common-law tradition, the principle of stare decisis, encapsulated in the Latin maxim “to stand by decisions and not disturb the undisturbed,” serves as a guiding force for judicial decision-making. The research traverses through the historical roots of precedent, exploring its development from the early common-law courts to its adaptation in civil law systems, providing a foundational understanding of its significance. Focusing on the common-law systems, particularly in the United Kingdom and the United States, the research paper examines the binding and persuasive nature of precedent. The hierarchical structure of the U.S. federal court system, with its circuits and en banc sessions, adds layers of complexity to the application of precedent. Notably, the concept of “super stare decisis” sheds light on the resilience of certain precedents, illustrating their immunity from being overturned. Venturing beyond the Anglo-American legal traditions, the research paper explores how civil law systems approach precedent differently. While case law is considered, the binding nature of precedent is often replaced by a more flexible approach, reflecting the diverse methodologies in legal reasoning. A significant portion of the research paper delves into the application of precedent in patent law, uncovering the principle of collateral estoppel. The research paper critically engages with a counter-argument in favor of stare decisis, emphasizing the role of legislative authority in altering case law through statutory amendments. However, concerns about selective application by judges raise questions about the consistency and impartiality of this doctrine. Advocates for the advantages of stare decisis, known as minimalists, argue that adherence to precedent fosters predictability in legal decisions, drawing parallels with the prohibition of retroactive laws.

Keywords :
Binding Precedent, Civil Law Systems, Common Law, Constitutional Law, Judicial Decision-Making, Legal Evolution, Legal Tradition, Precedent, Stare decisis.

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