Judicial Accountability and Stare Decisis – Should the US be Learning from the UK?


Judicial Accountability and Stare Decisis – Should the US be Learning from the UK?

“The purpose of this principle is to ensure legal certainty and fairness for litigants. It also means there is a built-in check on judicial activism, so that society is less likely to end up with ‘Judge made law’.”

 Stare decisis

Stare decisis (Anglo-Latin pronunciation: /ˈstɛəri dɨˈsaɪsɨs]) is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: “to stand by decisions and not disturb the undisturbed.”[1] In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters.[1]

Stare decisis

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About Ngozi Godwell

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
Gallery | This entry was posted in Care Proceedings, Care Proceedings, Child Welfare, Children Council, District Judge Karen Venables, Family Law, Foster Care, IN THE SUPREME COURT OF JUDICATURE, Increase Transparency in the Family Courts, Local Authorities, Northamptonshire, Parental Rights, President of the Family Division, Public Law, Secret family courts, Social Work and tagged , , , , , , , , , , , . Bookmark the permalink.

21 Responses to Judicial Accountability and Stare Decisis – Should the US be Learning from the UK?

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  3. Paul Collins says:

    Thank you for this post. I do believe that the US should be learning from the UK on this. I am active in Guardian ad litem reform here in Maine and one of the issues revolves around this topic. Where the Judge is making up the law as the case progresses. In my own case the lawyer I have has referred to previous decisions to which the judge has ignored these decisions. Thank you again.

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