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The doctrine of "stare decisis" underpins the common law system. What is "stare decisis"?
Courts must adhere to statutes in all of their decisions.
The reasoning behind the decision.
To stand by what has gone before.
Parliament can overturn decided cases
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Simply put, it binds courts to follow legal precedents set by previous decisions. Stare decisis is a Latin term meaning "to stand by that which is decided
In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
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