Stare decisis and Precedents
Stare decisis;-
Meaning;-
Stare means stand by and decisis means decision so stare decisis means to stand by decision or let the decision stand.
Definition;-
According to black’s law dictionary
It is the doctrine of precedent which provides that a court must follow earlier judicial decisions when the same point arise in litigation.
Precedent
Meaning;-
Precedents mean judicial decision.
Definition;-
According to black’s law dictionary
Precedent is a rule of law established for the firm time by a court for a particular type of case and thereafter referred to in deciding similar cases.
Precedent is created by judicial decision pronounced by the courts. A judicial decision is a precedent when it creates a new rule otherwise it’s a judgment as between the parties.
Kinds of precedents;-
Kinds of precedents are the following;
i) Authoritative/binding precedents;-
Authoritative precedents are those which must be followed whether the Judge deems the principle laid down as correct or not.
Example;-
The decisions of the High Court are authoritative precedents for the subordinate Courts and the decisions of the Supreme Court are authoritative precedents for the High Courts and all other subordinate Courts.
ii) Persuasive precedents;-
Persuasive precedents are those which the Courts may or may not follow. Thus, judgments of Indian high courts and the Supreme Court of India or of other Foreign Courts are merely persuasive precedents for the Courts in Pakistan.
