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 2. 先例拘束力原则Ø 英美法系国家→ 「先例拘束力原则」(The Principle of Stare Decisis)...
很多诉讼解释了某条联邦法律和行政法规的含义,并且这些司法解释基于遵循先例原则产生了法律效力.principle of stare decisis就是遵循先例原则.stare decisis是拉丁文.statue不是雕像的意思,而是应当翻译为“法律”,... 分析总结。 很多诉讼解释了某条联邦法律和行政法规的含义并且这些司法解释基于遵循先例原则产生了法律效...
英语翻译many lawsiuts turn on the meaning of a federal statue or regulation,and judicial interpretations of such meaning carry force under the principle of stare decisis.
Stare decisisadministrative lawjudicial reviewadministrative decision-makerscommon lawCanada"When the facts change, I change my opinion," John Maynard Keynes once tartly replied to a questioner concerned that the economist had altered his position on a...
1. Impact of Precedent—The Principle ofStare Decisis The defining principle of common law is the requirement that courts follow decisions of higher level courts within the same jurisdiction. It is from this legacy ofstare decisisthat a somewhat predictable, consistent body of law has emerged. ...
The U.S. court system operates on the principle of stare decisis (Latin for stand by things decided), which means that today’s decisions are based largely on rulings from the past, and tomorrow’s rulings rely on what is decided today. Stare decisis is especially important in the U.S...
The court is supposed to abide by the principle of stare decisis — which literally means “to stand by things decided.” As Alexander Hamilton explained, adherence to precedent was necessary “to avoid an arbitrary discretion in the courts.” However, this term court watchers say theconservative...
Cite a CaseOne side (say the plaintiff) cites a case found for that side. That case should be as similar (on-point) as possible to the current case, and the suggestion is that the decision in the precedent should be applied to the current case (following the principle ofstare decisis,...
The recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization rejected the principle of stare decisis by ruling against the precedent established by Roe v. Wade in 1973. Another term that I had intended to include in the previous post is “depraved indifference.” ...
the court’s conservative majority is firmly entrenched. And even were the court to become more moderate, with the replacement of one of the conservative justices, the principle of stare decisis, of respect for prior decisions, would mean that any effort to erase the damage done since Buckley ...