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]
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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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