What Is Stare Decisis? A Level Law Explained
What is stare decisis? Learn how binding precedent, ratio decidendi and the court hierarchy work in A Level Law, with an example and a common exam mistake.
Stare decisis means “to stand by decided matters”. It is the principle behind judicial precedent: when a court decides a legal issue, other courts may have to follow that decision in later cases with materially similar facts. This helps courts treat like cases alike and makes the law more predictable.
How it works
A precedent is an earlier court decision used to guide a later one. The binding part of the decision is its ratio decidendi: the legal reason necessary for the outcome. Other comments made by the judge are obiter dicta. They may be persuasive, but they are not binding in the same way.
Whether a precedent binds a court depends on the court hierarchy. For example, a relevant decision of the Supreme Court binds lower courts, including the Court of Appeal and the High Court. A judge must identify the legal principle in the earlier case and decide whether it applies to the facts before them.
Suppose the Supreme Court decides that a particular statutory term has a specific meaning in a case. A lower court hearing a later case involving the same term and materially similar circumstances must apply that interpretation. It cannot disregard it simply because the judge prefers a different meaning.
When a case differs
A court can distinguish an earlier case if a material fact is different, so the earlier ratio does not apply. A higher court may also overrule a precedent by deciding that its legal principle should no longer be followed. These possibilities allow the law to develop while preserving consistency.
Common exam mistake: Do not say that every statement in an earlier judgment is binding. Explain which court made the decision, identify its ratio decidendi, and show why the later case is, or is not, materially similar.
