Discuss the "Doctrine of Stare Decisis", under the sources of law.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Discuss the "Doctrine of Stare Decisis", under the sources of law.
Answer & Explanation:
The doctrine of stare decisis means adherence to the past decision and do not unsettle things which are established. It is a useful doctrine intended to bring about certainty and uniformity in the law. Under the stare decisis doctrine, a principle of law which has become settled by a series of decisions generally is binding on the courts and should be followed in similar cases. In simple words, the principle means that like cases should be decided alike. This doctrine is based on public policy. Although doctrine should be strictly adhered to by the Courts, it is not universally applicable. The doctrine should not be regarded as a rigid and inevitable doctrine which must be applied at the cost of justice.
Topics: Jurisprudence
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