the-principle-of-stare-decisis网络遵循先例原则;先例拘束力原则 网络释义 1. 遵循先例原则 遵循先例原则(the principle of stare decisis)是普通法的一项基本原则,即寓于先前司法判例中的法律原则,只要不违反正义,以后处 …www.daixie.org.cn|基于2个网页 ...
Stare decisis, (Latin: “let the decision stand”), in Anglo-American law, principle that a question once considered by a court and answered must elicit the same response each time the same issue is brought before the courts. The principle is observed mo
Case law decided by the Judicial Branch (often carrying legal force under the common law principle of stare decisis).由司法机构确定的判例法(依据遵循先 例的 普通法原则，通常具有法律效力)。As part of its British colonial heritage, federal courts and most state courts operate on a common law sys...
The principle of stare decisis is the rule of precedent. When a court makes a ruling, not only must that court continue to abide by that ruling, but inferior and equivalent courts are obliged to apply those rulings to future decisions What is the difference between precedent and Stare Decisi...
The doctrine or principle that precedent should determine legal decision making in a case involving similar facts. [Latinstāre dēcīsīs (et nōn quiēta movēre),to stand by things decided (and not to move things at rest),stāre,to stand,dēcīsīs, ablative neuter pl. ofdēcīsus, past par...
Stare Decisis,英美法术语,遵循先例原则。 Stare Decisis:the doctrine that the decisions of the court should serve as precedents for future cases. 遵循先例原则是判例法的一个基本原则,它是判例法得以形成的基础。遵循先例原则的基本含义是,包含在以前判决中的法律原则对以后同类案件有约束力。具体表现为:高级法...
(1988) "Stare Decisis: Precedent and Principle in Constitutional Adjudication," 73 Cornell Law Rev. 401-10.Cooper, Ch., "Stare Decisis: Precedent and Principle in Constitutional Adjudication", en Cornell Law Review, num. 73 (1987-88), pp. 401-410....
Nevertheless, the principle of stare decisis has always been tempered with a conviction that prior decisions must comport with notions of good reason or they can be overruled by the highest court in the jurisdiction. The U.S. Supreme Court rarely overturns one of its precedents, but when it...
1)stare decisis遵循先例原则 1.The attack on stare decisis is a part of the revival of absolutism.对于遵循先例原则的抨击是绝对主义复兴的一部分,这种偏见源于19世纪美国接受的反对不受限制的权力的说教。 2.External regulation should be made via sticking to the principle of crimes and punishment stipula...
Stare decisis is a Latin term meaning “to stand by that which is decided.”1 Understanding Stare Decisis The U.S.common lawstructure has a unified system of deciding legal matters with the principle of stare decisis at its core, making the concept of legal precedent extremely important. A ...