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In what way does stare decisis help the Court ensure that the law develops properly? a Among these are the desirability that the law furnish
In what way does stare decisis help the Court ensure that the law develops properly?
a | "Among these are the desirability that the law furnish a clear guide for the conduct of individuals, to enable them to plan their affairs with assurance against untoward surprise; the importance of furthering fair and expeditious adjudication by eliminating the need to relitigate every relevant proposition in every case; and the necessity of maintaining public faith in the judiciary as a source of impersonal and reasoned judgments. The reasons for rejecting any established rule must always be weighed against these factors." | |
b | "Today's decision is supported, though not compelled, by the important doctrine ofstare decisis, the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion. That doctrine permits society to presume that bedrock principles are founded in the law rather than in the proclivities of individuals, and thereby contributes to the integrity of our constitutional system of government, both in appearance and in fact." | |
c | "While not binding in the same way as verticalstare decisis, decisions of the same court should be followed as a matter of judicial comity. A decision may not be binding if it is distinguishable on its facts or the court has no practical way of knowing it existed. If it is binding, however, a trial court may only depart from it one of three narrow circumstances" | |
d | "Stare decisiswill not stop the justices from overturning a precedent they think is badly wrong and causes significant harm" - a point I believe applies to both liberal and conservative jurists. Nothing in yesterday's opinions leads me to change that view. This point can be recast in terms of the Supreme Court's doctrinal standards for reversing previous decisions: its "precedent on precedent." The doctrine requires the Court to consider such factors as the quality of the earlier precedent's reasoning, the extent to which changing circumstances have undermined its utility, the "workability" of the precedent, and whether it has generated significant reliance interests." |
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