Stare decisis
Stare decisis (English pronunciation: [ ˈsteɪriː dəˈsiːsɪs ] or [ ˈstɛəriː dɪˈsaɪsɪs ]), Latin for " stare decisis et non quieta movere " literally for "standing with the decided and not moving what is still ", in common law denotesa special bindingeffectof prejudices . There, a court may only overturn a previous precedent judgment if there are significant differences in the facts to be assessed ( doctrine of precedent ).
In continental European procedural law, there is no such link to earlier decisions, because here legislation plays a much greater role in judicial finding of justice than case law. According to the German Judges Act , the judge is independent and subject only to the law ( Section 25 DRiG).
Extent of the binding effect
Binding prejudices existed in England since the Middle Ages, but it was only since the 19th century that there were written collections of judgments that enabled the consistent application of the stare decisis principle.
Since a decision by the British House of Lords in 1898, the bond has extended to the entirety of the main reasons for the decision ( ratio decidendi ), but not to mere obiter dicta or dissenting votes of individual judges .
The binding effect of the decisions of the House of Lords did not only apply to the courts that were subordinate to it in the instance (vertical stare decisis ), but also to the House itself (horizontal stare decisis ).
The binding of the House of Lords to its precedents gave English jurisprudence a special degree of legal certainty, but in the course of time it also gave rise to a rigidity unknown in other countries. Judicial legal training was only considered in the event of a change in the law.
With a resolution of July 26, 1966, the House of Lords finally abandoned these self-imposed limits after ongoing criticism. The principle of stare decisis was not abolished, but restricted for the area of the House of Lords in such a way that the House should, as a rule, be bound by its precedent decisions, but can deviate from them in special cases ( when it appears right to do so ).
The US Supreme Court also recognizes that the US courts have only a limited binding effect, which can be deviated from in individual cases.
Individual evidence
- ^ Sebastian AE Martens: The values of the Stare Decisis . JZ 2011, pp. 348–356
- ↑ stare decisis . In: TheFreeDictionary.com . ( thefreedictionary.com [accessed September 24, 2018]).
- ^ London Tramways Company v. London County Council [1898] AC 375 (380) = London Street Tramways v. LCC
- ↑ Werner Morvay: The House of Lords and the principle of stare decisis ZaöRV 1967, pp. 735, 738
- ↑ Practice Statement (judicial Precedent) [1966] Weekly Law Reports 1234
- ↑ Timothy Oyen: Stare decisis March 2017 (English)
